| Citation(s) |
|---|
| 1993 SLG 1322 1993 SLD 1322 1993 PLC 437 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-323 of 1991, decided on 16th November, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Appeal No. SUK-323 of 1991, decided on 16th November, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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MUHAMMAD IQBAL
VS
THE GENERAL MANAGER, PAKISTAN RAILWAYS, LAHORE and 3 others
Law:
Section:
Industrial Relations Ordinance (XXIII or 1969)--- ----S. 25-A---Grievance petition---Question of limitation---Question of limitation under S. 25-A of Ordinance, 1969 had to be rigidly construed. Muhammad Ismail v. Abdul Rasheed and others 1983 SCMR 168 Mr. S. Tauqir Hassan for Appellant. Shabbir Ahmed Awan for Respondents. Date of hearing: 16th November, 1992. DECISION The circumstances culminating in this appeal are as follows:-- The appellant was in the employ of the Railways since 1976 as a Carriage Cooly. It is alleged that in the month of June 1983 his mother had fallen seriously ill and having applied for one month's leave he had proceeded to his village. His mother could not recover from her illness and when he returned to resume his duties he did not receive wages for a number of months and was kept on the hope that the orders on his leave application were awaited from Lahore. It was in October 1983 that he was told that he had been dismissed from service for misconduct and that was without any charge-sheet, enquiry or dismissal order in writing. 2. He states to have filed a departmental appeal to the respondent No. 2 on 12-11-1983 by registered post and he had not been favoured with reply for all these years. Later he had sent the grievance notice on 4-2-1990 by registered post which has again not been replied to. He had therefore filed the petition before the Labour Court. 3. The respondents in their Written Reply apart from assailing the maintainability of the petition also alleged that it was barred by time. Their case was that the petitioner had never applied for leave and had been an absconder from duty with effect from 14-9-1982. He had also never produced any sickness Certificate of his mother. It went on to say that a show-cause notice dated 6-4-1983 was despatched at his address and since he failed to appear, there was a publication in the daily Newspapers dated 19-5-1983. Since the…
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