Case Details

Citation(s)
1995 SLG 1375 1995 SLD 1375 1995 PLC 613
Labour Appellate Tribunal, Sindh
Appeal No. KAR-3 of 1994, decided on 10th April, 1995.
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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WAJID ALI KHAN

VS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A---Grievance petition---Maintainability---Employee filed grievance petition against his removal from service after three years from such removal from service without first serving grievance notice to employer---Employee earlier had filed appeal before Federal Service Tribunal which was heard and was dismissed as time-barred---Employee, thus had no cause of action before Labour Court and his grievance petition filed under S. 25-A of Industrial Relations Ordinance, 1969, was not maintainable. S.P. Lodhi, Representative for Appellant. Shoaiba Ismail for Respondents. Date of hearing: 10th April, 1995. DECISION This appeal arises from the order of the Labour Court No. IV, Karachi, whereby the grievance petition of the appellant under section 25-A of the I.R.O., 1969 was dismissed on the ground that it was not maintainable. 2. The facts of the case in brief are that the appellant loader in P.IA. alongwith a co-accused were on duty on P.I.A. flight from Islamabad to Karachi on 17-12-1988: As a result of some information 1,500 Tolas of contra­band gold were recovered by the Customs from the Toilet Room of the Plane. The case was investigated by the Customs and after 2 months the appellant and one Nazeer Ahmed loader were both arrested while the third accused Riaz who was Incharge of the P.I.A. Kitchen absconded. Both, the appellant and Nazeer Ahmad were sent up for trial in the Court of the Customs Judge. Meanwhile on 17-7-1989 the appellant was given notice of removal by the P.IA. After hearing him personally he was removed from service with effect from 6-8-1989. The appellant did not give any grievance notice to the P.IA. on account of his removal from service. He…
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