| Citation(s) |
|---|
| 2000 SLG 1742 2000 SLD 1742 2000 PLC 213 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR 142 of 1998, decision dated: 11-01-1999
DR. TANZIL UR REHMAN, CHAIRMAN
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Appeal No. KAR 142 of 1998, decision dated: 11-01-1999
DR. TANZIL UR REHMAN, CHAIRMAN
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SAID HAKIM KHAN
VS
Messrs MUHAMMAD SHAM TANNERIES through Factory Manager Jamal Ahmad
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25A(1)
Industrial Relations Ordinance (XXIII of 1969) S. 25 A(1) Grievance petition Limitation Question of limitation being a mixed question of fact and law, parties should have been allowed opportunity to adduce evidence in the light of S. 25 A(1) of Industrial Relations Ordinance, 1969 to prove whether or not grievance was brought to notice of employer within three months from the day of accrual of cause of action. ORDER This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969 filed by the worker against the employer. I have heard Mr. Guncha Gul, Advocate for the appellant and Mr. Sharif Malik, Advocate for the respondent. The sole point agitated before me by the learned counsel for the parties is that of limitation. It is contended by the learned counsel for the appellant that the learned trial Court proceeded to decide the question of limitation without giving any opportunity to adduce evidence in the matter. The factum of the absence of recording evidence is not disputed by the learned counsel for the respondent. In the facts and the circumstances of the case it appears that the question of limitation is a mixed question of fact and law both. I feel that the parties in the case should have been allowed the opportunity to adduce evidence in the light of section 25 A(l) of I.R.O., 1969 to prove that the grievance was brought to the notice of the employer within three months from the…
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