Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Preamble & S. 2(c)(i) & S.O. 12(3)---Termination of service---Entitlement to get benefits of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Essentials---Status of employee would have to be determined as to whether he was a "daily wager" or "regular employee"---Terms of employment clearly indicated that employee was a "daily wager", for his wage was fixed per day initially at specified rate and subsequently same was enhanced per day---Project on which employee was employed was of temporary nature and same was completed in January, 1981, therefore, services of employee were terminated in February, 1981 and one month's salary in lieu of notice period was paid to him---Employee being a "daily wager", provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance were not applicable to him. Muhammad Yaqoob v. The Punjab Labour Court No.1 and 5 others 1990 SCMR 1539: Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission and another PLD 1982 SC 113; Pakistan Television Corporation v. M. Babar Zarnan and others 1989 SCMR 1549; Mushtaq. Ahmad v. Inspector-General of Police, Punjab, Lahore 1992 PLC 239; Noor Ali v. Khanpur O.S. Ltd. AIR 1955 All. 707; Zafrullah Khan Bajwa v. Punjab Labour Appellate Tribunal 1991 PLC 490 and Muhammad Bashir v. Chairman, Punjab Appellate Court, Lahore 1991 SCMR 2087 ref. (b) Industrial Relations, Ordinance (XXIII of 1969)--- ----Ss. 65-B & 25-A---Limitation Act (IX of 1908), Ss: 5 & 14---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grievance application and grievance notice were filed beyond period of limitation---Employee had been seeking his remedy before National Industrial Relations Commission--­Effect---Employee's entitlement to seek condonation of delay on ground of seeking his remedy in wrong forum---Provision of S. 65-B of the Ordinance indicates that provision of S. 5, Limitation, Act, 1908, would apply in computing period within which application should be made, or any other thing should…

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