Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 38(3) & 38(3-a)--Revision--Discretionary powers--Tribunal may exercise revisionary powers in a fit case of miscarriage of justice--Order of Labour Court sought to be set aside in revision--Appeal not filed--Application for revision made after 15 months--Employee allowed benefit of advance increments and drawing same for one year--Order withdrawn subsequently on plea that employee did not possess requisite qualifications--Record and letters in support of subsequent decision produced before Labour Court representing dates and period subsequent to original order by which benefit of increments allowed-Labour Court's finding accepting grievance petition based on facts--Plea involving questions of law and facts raised at revision stage but not raised before Labour Court--Case, held, was not fit for exercise of revisional jurisdiction specially when applicant slept over his right of appeal and all wed order of Labour Court to attain finality. Saint Pharmaceutical Ltd. v. Sind Labour Appellate Tribunal and 3 others 1985 P L C 754 and Messrs Norwich Union Fire Insurance Society Ltd. v. Muhammad Javed Iqbal and another P L D 1984 Kar. 519 cell. DECISION This is a revision application filed under section 38(3-a) of the industrial Relations Ordinance, 1969, praying therein that the case record of Application No. 13 of 1987 be called from the Fifth Sind a Court at Karachi and the order, dated 10-9-1987, be set aside. 2. The facts of the case, in brief, are that respondent is admittedly a workman employed in Class III by the applicants. He graduated from the University of Karachi in the year 1979 and applied for the grant of four advance increments under the Incentive Scheme sanctioned by the applicants in 1966. The respondent was granted four advance increments with effect from 14-5-1979 vide letter dated 14-12-1985 by the Divisional Superintendent, Pakistan Railways at Karachi. However, vide letter dated 29-1-1987 the present applicants directed the Divisional Superintendent, Pakistan Railways, Karachi, who was his subordinate to withhold the above benefits and to recover the amount already paid to the respondent…

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