Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 37(3) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(3) Grievance Petition Limitation Delay Condonation Grievance notice against termination of service was given to employer within time, but grievance petition filed by employee with delay of three days was dismissed by Labour Court on ground of limitation Said delay having sufficiently been explained by employee, was condoned by Labour Appellate Tribunal and matter was remanded to Labour Court to decide other issues after hearing parties. JUDGMENT This appeal arises out of a decision dated 22 2 1999 passed in Grievance Petition No.2 of 1998 under Standing Order 12(3) of the Ordinance VI of 1968 read with section 25 A of I.R.O. 1969 dismissing the grievance petition of the appellant on the point of imitation only. 2.I have heard the learned counsel for the parties and have perused the decision and also record and proceedings of the case. 3. The service of the appellant was terminated on 1 10 1997. Notice of grievance dated 14 10 1997 was given to the respondent which was admittedly received by him on 16 10 1997. The appellant ought to have filed the Application latest by 31st December, 1997 but the same was filed on 9th January 1998, hence it was filed beyond time prescribed by law. 4. The appellant, therefore, filed an application for condonation of delay before the learned Labour Court. The learned Labour Court dismissed the said application for condonation of delay and grievance application was held to be time barred which was dismissed accordingly. 5. Mr. Rafiullah submits that the appellant was suffering from gastro interitis desease and remained under treatment of Dr. Syed Majid Ali who also issued a certificate to that effect: He filed an application for condonation of delay alongwith affidavit in support of the same. 6. Mr. Rafiullah submits that the Doctor has clearly stated in his evidence that the appellant was under his treatment during the period 27 1 1997 to 6 1 1998 and that he was suffering…

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