Case Details

Citation(s)
1989 SLG 1962 1989 SLD 1962 1989 PLC 836
Labour Appellate Tribunal, Punjab
Appeal No. SL-222 of 1988, decided on 7th May, 1988
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Nemo for
Respondent.

PUNJAB ROAD TRANSPORT CORPORATION

VS

MUHAMMAD ILYAS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ---Ss. 25-A & 38(3)--Grievance petition--Limitation--Impugned order challenged in departmental appeal and such appeal not yet decided--Petitioner workman, in circumstances, held, justified in waiting for decision of departmental appeal and after considerable time serving grievance notice and then filing grievance petition--Held, since departmental appeal was still pending no question of limitation arose because limitation would have started from date of dismissal of departmental appeal. (b) Industrial Relations Ordinance (XXIII of 1969)----- ---Ss. 25-A & 38(3)--Termination of service--Driver recruited in Road Transport Corporation on basis of his application stating that he possessed P.S.V.Driving Licence--Subsequently on verification it came to light that licence possessed by him was of H.T.V. and not P.S.V.--Services terminated on that account--No rules shown on record requiring appointment as Driver of only those possessing P.S.V. Driving Licence--Labour Court, in circumstances, held, justified in directing reinstatement. JUDGMENT The appeal captioned above emerges from the decision dated 22-2-1988 recorded by learned Presiding Officer, Punjab Labour Court No.9, Multan whereby the respondent has been directed to be reinstated in service without back benefits permitting the appellant to proceed afresh against the respondent in accordance with the law. 2. Notice was issued to the respondent for 23-4-1988 and for today's date but the respondent did not turn up, the appeal therefore is being decided ex parte. 3. By application Exh. R. 1 dated 14-9-1980 the respondent applied for service and he mentioned in it that he was holding…
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