| Citation(s) |
|---|
| 1991 SLG 1582 1991 SLD 1582 1991 PLC 369 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-49 of 1989, decision dated: 10-10-1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-49 of 1989, decision dated: 10-10-1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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ABDUL JAMIL
VS
Messrs PAKISTAN MACHINE TOOL FACTORY
Law:
Section:
(a) Sindh Services Tribunals Act (XV of 1973)-- ----'S.6-A---Appeal---Limitation---Departmental rules---Where appeal is provided under Departmental Rules, period of limitation would accrue from date of decision of appeal. National Bank of Pakistan v. Azad Ali 1987 PLC 380 and Muhammad Saleem v. Chairman, K.P.T. 1981 PLC 184 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Grievance notice and grievance petition---Limitation---Where representation was filed even after rejection of departmental appeal and there was no proof that such representation was not permissible under rules but representation was rejected, entertainment and rejection of application would raise presumption that there might be provision for such representation and limitation for grievance notice and petition would start from rejection of representation. Superintendent, Watch and Ward, Pakistan Railways v. Manzoor Hussain 1984 PLC 632 rel. (c) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Grievance notice---Limitation---First representation containing grievance, held, was to be considered as grievance notice for purpose of limitation. National Motors v. M. Bashir Ahmad 1979 PLC 175 and Abdul Rashid v. Karachi Road Transport Corporation 1981 PLC 915 rel. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance notice---Appellant, dismissed from service, wrote two letters to department as representation against his dismissal---Appellant thereafter sent grievance notice and then filed grievance petition---Appellant failed to prove that he had any departmental right of appeal---First representation of appellant was treated as grievance notice---Held, grievance petition of appellant in circumstances was time-barred and order of Labour Court dismissing petition on said ground was unexceptionable---Since decision of Labour Court was not arrived at on merits and no witness was examined, case was remanded to Labour Court for decision on merits. National Motors v. M. Bashir Ahmed 1979 PLC 175 ref. (e) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Grievance notice---No second grievance notice was recognised in law. Date of hearing:…
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