Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition--Seniority--Appellant worker failing to establish his grievance, and the fact of his having been in touch with respondent employer with regard to such grievance-­Grievance petition was hopelessly time-barred and application under S.5 of Limitation Act was not accompanied by affidavit explaining day-to-day reasons for delay and as such was not maintainable in eye of law--Grievance petition of worker, held, was rightly dismissed by Appellate Court below in circumstances. M.A. Hassan Malik for Appellant. Ch. Rasheed Ahmad for Respondents. Date of hearing; 19th May, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 6-8-1986, passed by the Sind Labour Court No. V Karachi, who had dismissed the grievance petition of the appellant under section 25-A I. R.O., 1969. 2. Brief facts of the case are that the appellant was a permanent employee of the respondent Railways and as he was aggrieved by an office order passed by the Deputy Chief Engineer Pakistan Railways, Karachi, dated 12-6-1980, assigning seniority to one Muhammad Ismail, therefore, he submitted his grievance petition on 10-2-1986 with the prayer that the appellant be assigned correct seniority and resultant promotion as Charge man in RNSP-12 which was illegally allowed to Muhammad Ismail by way of wrong fixation of seniority. 3. The respondent Railways resisted the petition mainly on the legal objection that if any cause of action was accrued to the appellant in the year 1980, he should have immediately invoked the jurisdiction of the Labour Court under section 25-A, I.R.O. 1969, therefore, the present petition filed by the appellant in the year 1986 without explaining day-to-day delay was hopelessly time-barred, so it is liable to be dismissed. The second contention of the respondent Railways was that as the promotion could not be claimed as a matter of right, therefore the appellant had no right guaranteed or secured to him under any Law, Settlement or Award, so, on this point also, the present petition was liable to be dismissed. 4. Both the parties filed their respective…

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