Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Grievance notice and petition---Limitation---Impugned order passed mala fide without jurisdiction or in. violation of mandatory provisions of law of principles of natural justice, held, was void order, whereto period of limitation was not applicable---Order of Labour Court set aside and grievance petition accepted by Appellate Tribunal with direction for re­payment of deducted amount. Moosa Laghari for Appellants. Ishaque Abbasi for Respondent. Date of hearing: 20th August, 1987. DECISION These are four separate appeals filed by each of the appellants against a common impugned order, dated 30-9-1985, passed by the Sindh Labour Court No. VI, Hyderabad, who had dismissed the grievance petitions of the appellants under section 25-A, I.R.O. 1969. As, the facts and circumstances in all these four appeals are common and similar therefore, I would also dispose of these appeals by this single decision. 2. The brief facts of the case are that the appellants claimed to have performed outdoor duties for a certain period, being permanent employees of the respondent Railways and after submission of their respective claims for TA. having been duly certified by the competent Authority, they were paid accordingly. The appellants claimed that after sometime, the already paid amount was started to be recovered from their respective monthly bills without intimation of any reason or decision therefore. However, they claimed that they served their respective grievance notices. upon the respondent Railways and thereafter the present grievance petitions were filed before the learned Labour Court for the refund of their respective deducted amounts. 3. The respondent Railways resisted the petitions mainly on the ground that the appellants did not perform any outdoor duty and such movements were never entered into the relevant registers, therefore, they were not entitled to any TA. which was being recovered from their respective monthly, salaries and further that, as the action of the respondent Railways in this behalf did not infringe any guaranteed or secured right, as it was taken after due enquiries and…

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