Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Failure of employer to pay "Cost of Living Allowance" to appellant from 1-7-1986 to 31-12-1993---Limitation---Competency of grievance petition---Trial Court dismissed appellant's grievance petition mainly on the ground that Labour Court had no jurisdiction and that aggrieved person ought to have approached Authority under the Payment of Wages Act--­Validity---Employee was admittedly aggrieved by failure of employer to pay "Cost of Living Allowance" from 1-7-1986 to 31-12-1993---Notice under S.25-A, Industrial Relations Ordinance, 1969 was issued on 8th January, 1995, and such fact was not denied by employee---Factually refusal to pay 'Cost of Living Allowance' in the manner claimed by employee provided cause of action initially on 1st August, 1986---Every succeeding month gave rise to fresh cause of action---Redress could, therefore, be sought for such refusal/short payment or non-payment within the period specified under S. 25-A, Industrial Relations Ordinance, 1969 concerning each and independent cause of action---Claim for payment of "Cost of Living Allowance" for the period from 1-7-1986 to 31-12-1993, had been instituted on 14th March, 1995---Appellant's claim even if Labour Court had jurisdiction was glaringly barred by time---Additionally; witnesses had candidly admitted that they had been receiving "Cost of Living Allowance" during the period as calculated by employer---Grievance petition, thus, had no substance--Appeal against dismissal of employees' claim being without merit, same was dismissed in circumstances. PLD 1993 SC 418 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Claim for non-payment of allowance---Limitation---Grievance of non-payment of certain monthly dues---Every succeeding, month gives rise to a fresh cause of action---Redress, therefore, can be sought for such refusal, short payment or non-payment within the period specified under S. 25-A, Industrial Relations Ordinance, 1969 concerning each and independent cause of action. JUDGMENT This appeal is directed against order dated 13th November, 1995 passed by learned Presiding…

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