Case Details

Citation(s)
1996 SLG 288 1996 SLD 288 1996 PLC 85
National Industrial Relations Commission
Case No. 4(12) of 1994, decision dated: 22-01-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER

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IJAZ HUSSAIN SHAH

VS

LIAQAT HUSSAIN and 1 others IJAZ HUSSAIN SHAH Vs LIAQAT HUSSAIN and 1 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 53---Complaint against unfair labour 'practice ---Maintainability--­Complaint against alleged unfair labour practice was filed by employee after a delay of about ten months and such along delay in filing complaint was totally unexplained---Absence of any justified explanation in such a long delay in filing complaint, not only would create doubts, benefit of which would go to accused/employer, but also the very complaint itself would become doubtful and unreliable---Argument, that because it was not a civil case, thus no limitation was provided, was misleading because it was not the provisions of Limitation Act under which such delay would become fatal, but was a basic and well-settled principle of law---No plausible or justified explanation having been tendered by complainant for filing delayed 'complaint, same was not maintainable. 1963 PLC 58 and 1968 PCr. LJ 392 ref. ORDER This is a complaint filed under section 53 read with sections 15 and 16 of the S.R.O., 1969 against 12 respondents including the office-bearers of H.M.C. Awami Labour Union, Taxila and four Managers of the Establishment. The notices were served upon the. respondents who have appeared in person and have also filed their comments through their counsel. 2. I have heard the learned counsel for the parties and with their help has perused the record of the case. Before holding inquiry into the merits of the case I consider it proper to first deal with the legal objections as to the maintainability of the complaint, raised by the learned counsel for the…
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