Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance notice and petition--Limitation--Condonation of delay--Grievance notice served and replied to--Limitation period of two months for filing grievance petition would start from date of receipt of reply to grievance notice--Petition delayed by two days and condonation prayed on grounds of illness--Nature of illness not such which might have prevented petitioner from getting grievance petition prepared and presenting it to Labour Court--Labour Court refused condonation--Termination order passed was not in consequence of any charges but as termination simpliciter and passed by person having jurisdiction--Termination order taking its effect and already used against petitioner and thus stood implemented--Plea that no question of limitation would arise repelled--Labour Court, held, was justified in dismissing grievance petition as time-barred. 1986 S C M R 962 and P L D 1973 Notes 66 distinguished. Ch.Ghulam Oadir Cheema for Appellant. H.R.Haider for Respondent. Date of hearing: 22nd January, 1989. JUDGMENT The appeal captioned above challenges the decision dated 25-8-1988 recorded by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala, whereby the grievance petition of the appellant has been dismissed as time-barred. 2. The appellant sent grievance notice on 2-4-1988 and the reply to it is dated 5-4-1988 which was received by the appellant on 7-4-1988. He brought the grievance petition on 8-6-1988. Since the reply to the grievance notice was given, the grievance petition could be brought within two months of the receipt of reply. The limitation, therefore, started running from 7-4-1988 when the appellant had received the reply to the grievance notice. Period of two months expired on 6-6-1988, therefore, the grievance petition brought on 8-6-1988 was time barred. The appellant made an application for condonation of delay and the reason given is that he had fallen ill. No medical certificate was tendered in evidence, although a photocopy of medical certificate is on the record. In the absence of the medical certificate the plea of the appellant that he had fallen ill is not…

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