Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Limitation--Grievance notice served within 3 months from date of cause of grievance--Petition based upon such notice, held, was within time. (b) West Pakistan Industrial and Commercial -Employment (Standing Orders) Ordinance (VI of 1968)-- ---Ss.2(i) (xxviii) & 25-A--"Workman"--Bank employee Grade-I Officer admittedly governed by Pay Commission Award and not by Wage Commission Award--No evidence of performing manual or clerical job--Such employee was not a workman and not entitled to maintain grievance petition before Labour Court. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Petitioner claiming gratuity--Claim never made' during exchange of correspondence for about two years with employer about dues and liabilities on acceptance of resignation--Petitioner in circumstances, was estopped from raising such claim after two years. Jamil Raza Zaidi for Applicant. Iqbal Habib for Respondents. ORDER Admittedly the applicant had been working as Grade-I Officer, in the respondent Bank. It is the case of the applicant that because of unavoidable circumstances he resigned from the service of the respondent vide resignation letter dated 15-2-1983 Annexure B to the grievance petition. There was an exchange of correspondence between the applicant and the respondent in respect of notice pay and liabilities to be paid by the respondents to the applicant. Finally the resignation was accepted on 11-10-1983 and the applicant was released from the service of the bank w.e.f. 16-3-1983 afternoon, but such intimation was sent to the applicant on 14-1-1985 vide letter annexure D to the grievance petition. It is further submitted that thereafter vide letter dated 9-3-1985, the applicant requested the respondent bank for the payment of service gratuity amounting to Rs.25,000 only. That vide letter dated 4-4-1985 the respondent refused to pay the aforesaid gratuity vide letter annexure F to the grievance petition. Thereafter the applicant sent grievance notice Annexure H to the respondent bank, but the bank refused to pay the said gratuity. Accordingly the present grievance petition…

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