Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A---Grievance petition---Limitation---Cause of action had arisen to workman an the day when he was removed from service and his departmental appeal had been dismissed by the respondent---Plea that cause of action accrued also from the date of his acquittal at the criminal trial for the offence was totally misconceived---Provision of S.25-A, Industrial Relations Ordinance prescribes that grievance has to be brought to the 'notice of employer within three months after dismissal was confirmed---Workman having been dismissed on 6-8-1989, grievance notice served on respondent was issued on 13-12-1991 which did not meet the requirement of law---Grievance notice as also grievance petition having been submitted beyond period prescribed for the same were not competent---Workman was, thus, not entitled to any relief. (b) Industrial dispute- ---- Domestic enquiry---Criminal prosecution does not bar domestic enquiry--­While criminal trial is- a matter between the subject and the State, domestic enquiry is a matter between the subject and subject viz. the employer and the employee---Criminal prosecution does not bar a domestic enquiry. Muhammad Tasnim for Appellant. Masood Ahmed Khan for Respondents. Date of hearing: 23rd December, 1992. DECISION The appellant was an employee of the respondents as a Senior Technician. He was served with a charge-sheet on 6-8-1989, as he was alleged to have been involved in a case of gold smuggling. He has replied to the same on 12-8-1989. The enquiry against him is stated to have been ex parte; and he was dismissed from service on 6-8-1989. The police was also seized of the matter and the challan was submitted against him before the Court of Special Judge, Customs and Taxation wherein he was acquitted on 14-5-1990. 2. It was after this acquittal that the appellant had made a Representation before the authorities on 19-6-1990 which came to be rejected on 7-10-1990. Thereafter, on 28-10-1990 he had served a notice under section 80 of the C.P.C. which was replied to on 24-10-1991. 3. The Labour Laws were made applicable to the employees of the P.I.A. on 2-11-1989, and the grievance…

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