| Citation(s) |
|---|
| 1989 SLG 1156 1989 SLD 1156 1989 PLC 187 |
Sindh High Court
Constitutional Petition No. 481 and Miscellaneous No. 1148 of 1988, decided on 16th May, 1988.
SAEEDUZZAMAN SIDDIQUI AND SALEEM AKHTAR, JJ
Ch. Rashid Ahmed for Petitioner.
Constitutional Petition No. 481 and Miscellaneous No. 1148 of 1988, decided on 16th May, 1988.
SAEEDUZZAMAN SIDDIQUI AND SALEEM AKHTAR, JJ
Ch. Rashid Ahmed for Petitioner.
Messrs URDU ACADEMY, SIND
VS
SIND LABOUR APPELLATE TRIBUNAL, KARACHI and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A(4)--Grievance petition--Limitation--Grievance notice dated 10-7-1986 sent by respondent-workman returned by postal authorities undelivered with endorsement that Managing Partner of petitioner-employer was out of country-Workman sending another notice dated 22-7-1986 with copy of earlier notice by registered post which was duly served on petitioner--Petitioner-employer contending that copy of grievance notice dated 10-7-1986 was delivered to them by hand by workman but failing to mention the date of such delivery--Date of delivery of copy of notice dated 10-7-1986 to petitioner was the date on which they received grievance letter of workman dated 22-7-1986--Labour Appellate Tribunal, held, had rightly reached the conclusion that there was no delay in filing grievance on 30-9-1986 by workman--Delay, if any, having been specifically condoned by Labour Appellate Tribunal, no exception could be taken in that behalf. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(a) and S.O. 12--Application of Standing Orders Ordinance, 1968--Termination of services--Employer having claimed exemption from operation of Standing Orders Ordinance on ground that total number of workers employed by him was always less than 20, burden of proving such fact was entirely on employer--Employer having failed to prove total number of workmen employed by him, Labour Appellate Tribunal had rightly held that provisions of Standing Orders Ordinance were applicable to him--Workman having put in 30 years' service with employer and termination letter disclosing no reason for dispensing with his services, Labour Appellate Tribunal, held, had rightly allowed grievance petition of workman and directed his re-instatement in service with full back benefits--No case for interference was made out. ORDER SAEEDUZZAMAN SIDDIQUI, J.--The petitioner has challenged in this Constitution petition, the order of Sind Labour Appellate Tribunal dated 284-1988. The petitioner terminated the services of respondent No.2 who was working with…
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