Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Constitution of Pakistan (1973), Art. 199--Grievance petition against dismissal from service--Petitioner's departmental appeal against dismissal having failed, petitioner instead of approaching Labour Court for his grievance, filed second appeal before Federal Minister which was still pending--Petitioner's grievance petition thereafter, failed as time-barred as also his appeal--Labour appellate Tribunal's order assailed as arbitrary on the ground that in a similar case of a co-worker where the grievance application was also time-barred, Labour Court had ordered reinstatement of worker and appeal against that order had peen dismissed by Labour Appellate Tribunal--Co-worker's case referred by petitioner, was on a different footing as in that case rights of parties were adjudicated upon by civil Court and decree had been passed m favour of dismissed employee--Grievance petition in the present case had been dismissed by Labour Court and that order had been upheld by Labour Appellate Tribunal-­such order passed by Labour Court and upheld by Appellate Tribunal was neither in excess of jurisdiction nor suffered from lack of jurisdiction-­Constitutional petition against such order of Labour Appellate Tribunal being devoid of merit was dismissed in circumstances. ORDER SAEEDUZZAMAN SIDDIQUI, J.--Granted subject to all just exceptions. 2. The petitioner has challenged the order of Labour Appellate Tribunal dated 26-4-1988 passed in Appeal No. KAR-40 of 1986 filed by the petitioner against the order of Sindh Labour Court No. 1, Karachi. The facts of the case are as follows:- The petitioner was serving as a Watchman with respondent No.1. He was dismissed from service on 27-I1-1983 after holding a departmental enquiry. The petitioner preferred an appeal against his dismissal from service before the Chairman of respondent No.1, which was rejected on 9-2-1984. Thereafter, petitioner instead of approaching the Labour Court under section 25-A of the I.R.O. filed a second appeal before the Federal Minister which; it is said, is still pending. Notwithstanding the pendency of that appeal before the Federal…

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