| Citation(s) |
|---|
| 1989 SLG 1686 1989 SLD 1686 1989 PLC 1007 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-177 of 1984, heard on 24th November, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Hidayatullah Abbasi for Appellant.
Appeal No. SUK-177 of 1984, heard on 24th November, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Hidayatullah Abbasi for Appellant.
NATIONAL BANK OF PAKISTAN, HYDERABAD
VS
QURBAN ALI CHANNA
Law:
Section:
(a) Industrial dispute-- --- Suspension--National Bank of Pakistan employee--Plea that Bank Rules provide no restriction on suspension period repelled--Held: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 is a special law enacted to regulate industrial employments and has overriding effect, hence maximum suspension period prescribed vide S.O. 15(5) would operate-Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 15(5). (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Limitation--Money claim--Bank employee placed under suspension for about 4 years and ultimately dismissed from service-Dismissal order set aside by Labour Court awarding reinstatement with 50% back benefits--Claim after reinstatement for payment of salary for suspension period rejected and employee filing fresh grievance petition--Plea that fresh petition was time-barred--Fact that impugned dismissal order was set aside by Labour Court, implies that employee was not found guilty and was thus entitled to full salary for suspension period--Claim for arrears of such salary arose on reinstatement in pursuance of order of Labour Court--Arrears of salary being money claim was enforceable within 3 years from date of accrual of the right-Application for payment made well within 3 years of date of reinstatement--Held, cause for fresh grievance petition, arose on date of rejection of application for payment of arrears. DECISION This appeal is directed against the order, dated 30-5-1984, passed by the learned Presiding Officer, Sind Labour Court No. VII at Sukkur, whereby he allowed the grievance petition of the respondent. 2. Heard Mr. Hidayatullah Abbasi, Advocate for the appellants and the respondent, Qurban Ali Channa, in person. 3. The facts of the case, in brief, are that the respondent was workman of the appellants and was serving as a Senior Cashier from 1-3-1976. He was placed under suspension on 17-7-1977, without any show-cause notice and was finally dismissed from service on 23-5-1981. He filed the grievance petition under section 25-A, I.R.O. 1969, before the Labour Court which was allowed…
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