| Citation(s) |
|---|
| 1995 SLG 1037 1995 SLD 1037 1995 PLC 59 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-493 of 1993, decided on 19th September, 1994.
AGHA ALI HAIDER, APPELLATE TRIBUNAL
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Appeal No. HYD-493 of 1993, decided on 19th September, 1994.
AGHA ALI HAIDER, APPELLATE TRIBUNAL
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SAMIULLAH KHAN
VS
THE DIVISIONAL SUPERINTENDENT, DIVISIONAL HEADQUARTERS, PAKISTAN RAILWAYS, KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Limitation---Employee had made representation before higher Authority against his date of birth as mentioned by employers in letter informing him about his due retirement, after 18 months from issuance of such letter and he sent grievance notice to employer after about three years from issuance of such letter---Bar of limitation in case had demonstrably been set in and his petition was liable to be dismissed being barred by time. Ali Raza v. Trustees of the Port of Karachi 1983 PLC 965 and Shamshad Khan v. Eastern Federal Union Insurance Company 1983 PLC 683 ref. Syed Fasahat Hussain Rizvi for Appellant. Ishaq Abbasi and Muhammad Hussain for Respondent. Date of hearing: 19th September, 1994. DECISION This appeal calls in question the order of the Labour Court No. VI at Hyderabad dismissing the petition which had been filed before him under section 25-A of the I.R.O. The circumstances forming the background of this case in brief are as follows: The petitioner had joined his services with the respondent on 1-8-1957 as a cleaner and in due course had been promoted as a driver. On 20-6-1990 he was informed through a letter that he would stand retired from service on 30-7-1993 on attaining the age of superannuation. He had thereupon sent a letter to the Divisional Personnel Officer on 24-11-1992 to correct the records as he was born on 1-8-1938 and not on 30-7-1933 and that would take him to 31-7-1998. The request was turned down per letter dated 2-1-1993. It was thereafter that he states to have made an appeal to the Divisional Superintendent on 11-2-1993. As it did not bear any fruit he had sent a grievance notice and later filed the petition. 2. The petition was resisted on the grounds that it was barred by time and also that the petitioner had concocted a false case by the interpolation of his own personal record. . 3. The petitioner was his own witness while Rasheed Saeed appeared on behalf of the respondent. 4. Both the issues were found against the petitioner culminating in this appeal, 5. There is no gainsaying the fact that the appellant was informed about the date of hisβ¦
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