Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Grievance notice---Limitation---Workman in order to seek redress of his grievance has to bring it to the notice of his employer within three months of the day on which cause of such grievance had arisen. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A---Status of a person he had at the time of cause of action or grievance was relevant to maintain grievance petition and not subsequent thereto. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Constitution of Pakistan (1973), Art. 199---Employee reverted on account of disciplinary proceedings initiated against him on charge of misconduct---Employee's grievance petition was dismissed by Labour Court holding him to be not a workman---Labour Appellate Tribunal in appeal, found that employee was a workman and could maintain grievance petition ---Legality--­Order of Labour Appellate Tribunal was liable to be set aside on the short ground that its reasoning was clearly illegal, faulty and illogical, therefore, though normally case was to be remanded to Tribunal for fresh decision in accordance with law but High Court decided to remand the case to Labour Court which had yet to decide grievance petition on merits---Reasons for remand stated. Firstly, that the question whether the employee is a civil servant or not, has not been examined by both the Courts; Secondly, whether the petitioner is a workman or a civil servant is a mixed question of law and fact, therefore, it is better that the same is decided by the lowest Court in accordance with the evidence on record and law applicable, and Lastly, that the Labour Court acted illegally while dismissing the grievance petition of the employee on the ground that he is not a workman instead of deciding whole matter. The Labour Court should have decided all the issues involved together by one and the same order. This would have saved repeated remands. The result of the illegal procedure adopted by Labour Court is that a period of over 6 years has been wasted. Had the learned Labour Court decided the whole petition at one and the same time then there was no need to remand the matter…

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