Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A-- Finance Department's Office Memo. No. F-2(3)-R-5/82, dated 17-6-1982---Entitlement to dearness allowance---Memo dated 17-6-1982 provided that employees governed by provisions of Industrial Relations Ordinance, 1969, would be provided dearness allowance subject to condition that period of one year had elapsed either from the date of effectiveness of agreement or settlement under Industrial Relations Ordinance, 1969 reached with Collective Bargaining Agent or Wage Award had been announced and implemented--­Employees of respondent were governed by provisions of Industrial Relations Ordinance, 1969 and being a party to settlement, payment of additional dearness allowance allowed by office memo was merely postponed to a date after a lapse of period of one year calculated from date of effectiveness of settlement or wage award. PLD1964SC21;PLD1971SC846;PLD1973SC144;PLD1977 Lah. 549; P L D 1969 S C 407; P L D 1967 Dacca 607 and P L D 1965 Dacca 157 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Office Memo. No. F.2(3)-R-5/82, dated 17-6-1982---Grievance petition---Maintainability---Grievance petition having been filed beyond a period of three months on the date when cause of such grievance arose to him was barred by limitation---Petitioner had filed his grievance application when period of validity of settlement reached had already expired and a new settlement was operative wherein it was agreed that such settlement was in full and final settlement of all pending and current demands raised by Collective Bargaining Agent and no new demand having any direct or indirect financial implications would be raised during the validity of such agreement---Both parties being aware of the memorandum in question, such a condition could have been incorporated in the settlement after adjustment of benefit of additional dearness allowance allowed by it---Petitioner was thus estopped from making demand of such payment in circumstances---Grievance petition was dismissed on point of limitation as also on point of estoppel. Date of hearing: 23rd December, 1990. JUDGMENT IMAM ALI G. KAZI, J.---The…

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