Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­--- ---S.25-A--Grievance petition from time-barred grievance notice--Maintainability of--Grievance petition based upon time-barred grievance notice, held, was not maintainable. Ali Ahmed for Applicant. Muhammad Bashir Awan for Respondent. ORDER The applicant claims himself to have worked as Assistant to the Production Manager of the Respondent establishment for 4 months and, during this period, he had performed 12 hours duty daily including gazetted holidays but no overtime was said to have been paid to him. When he asked for the overtime and encashment of leave etc. he was verbally terminated on 20-2-1987 and was also not paid his wages for 14 days. He then sent a grievance notice on 15-5-1987 which was returned as refused and so he has filed the present petition for his re-instatement with back benefits. In the reply statement, it has been pleaded by the respondent that the applicant was appointed as trainee on 14-9-1986 on a fixed salary of Rs.1,200 P.M. He however, himself resigned from 31-12-1986. It has also been pleaded that this applicant had taken a loan of Rs.8,000 but despite his promises, he has not re-paid the same. The refusal of the grievance notice has been denied and has also been pleaded as time-barred. The applicant appeared as his own witness in support of his case, while none was tendered in evidence on behalf of the respondent though affidavits of Mr. Sharfuddin and S.M. Feroze were filed in evidence. Written arguments have been filed by both the parties hereto, which have duly been considered in the light of the material on record. The only point which requires determination in this case is whether the applicant had himself resigned on 13-12-1986 or was verbally terminated on 20-2-1987. Mr. Ali Ahmed has submitted that the plea of the applicant that he was orally terminated on 20-2-1987 has not been shattered in his evidence nor the respondent has led any evidence in rebuttal. He also submits that by miscalculation the period of service of the applicant has been mentioned as 4 months in the pleadings though in fact the applicant had worked for 5 months upto 20-2-1987. According to him, the…

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