Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--Limitation Act (IX of 1908), S. 14--Limitation--Grievance petition filed before National Industrial Relations Commission returned to petitioner for lack of jurisdiction--Petition thereafter presented before Labour Court--Plea that provisions of S. 14 would not be applicable as it could not be said that petitioner acted bona fide in pursuing case before NIRC and that Supreme Court ruling coming 6 months before date of return of petition by NIRC everybody including petitioner had come to know of said law, repelled. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 65-B--Limitation Act (IX of 1W8), Ss. 5, 14 & 29(2)(a)-_ Applicability of S.14, Limitation Act, 1908 to proceedings under Industrial Relations Ordinance, 1969--Not expressly excluded, hence applicable--Adoption of S. 5 and non-adoption of S.' 14 of Limitation Act, 1908, held, could not support contention that S. 14 did not apply to proceedings under Industrial Relations Ordinance, 1969. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Filed initially before NIRC, returned after some time for lack of jurisdiction and for presentation before Labour Court--Mere fact that petition when filed before NIRC was premature by 6 days, held, was not sufficient to argue that same continued to be so premature when it came before Labour Court after the statutory period for scrvice of notice had expired. P L D 1983 S C 436; A I R 1950 Pat. 473; A I R 1930 Lah. 394; A I R 1929 Lah. 877; A I R 1928 Bom. 421 and A I R 1929 P C 103 rel. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 65-B--Limitation Act (IX of 1908), S. 14--Proceedings under Industrial Relations Ordinance (XXIII of 1969)--Limitation--Proceedings before Court not having jurisdiction would be deemed to be non-existent--Period spent before such Court would be excluded for computing period of limitation. JUDGMENT The appeal captioned above is directed against the decision date 26-6-1988 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby the grievance petition of the appellant for his…

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