| Citation(s) |
|---|
| 1989 SLG 2800 1989 SLD 2800 1989 PLC 826 |
Labour Appellate Tribunal, Punjab
Appeal No. MN-454 of 1987. decided on 12th January, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
S.A. Latif for Appellant.
Appeal No. MN-454 of 1987. decided on 12th January, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
S.A. Latif for Appellant.
MUHAMMAD SALMAN KHURSHID
VS
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN
Law:
Section:
Industrial Relations Ordinance (XX111 of 1969)----- ---Ss. 25-A, 3 6 & 38(3-a)--Practice and procedure--Evidence--Grievance petition withdrawn with permission to bring fresh one--Second petition dismissed on ground that grievance notice was time-barred--Date on which previous petition is Muhammad Salman Khurshid v. Divisional Superintendent allowed to be withdrawn not mentioned--Plea in appeal that Labour Court should have called for and perused file of previous petition to find out what was date of its institution and on which date same was allowed to be withdrawn, rejected-Held: (i) Courts have to decide cases on evidence brought and it is not their function to play part of parties, (ii) since objection with regard to limitation had been raised it was duty of appellant to prove that grievance notice and petition were within time, (iii) if there was any material on previous file same could be produced as evidence and it was duty of appellant to get its copy and place it on present file, and (iv) Labour Court was justified in saying that no good ground was given for condonation of delay and the ground on which previous petition was allowed to be withdrawn was not shown. JUDGMENT This is an appeal challenging the decision dated 12-11-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby the grievance petition of the appellant was dismissed as having been improperly presented. 2. The appellant had challenged the order dated 21-6-1982 whereby he was reverted. The previous grievance petition was withdrawn with permission to bring a fresh one. He brought fresh petition which has vide the impugned order been dismissed on the ground that the grievance notice was…
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