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Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 16(5)(h) & 25-A---Appeal---Limitation---Appellant was dismissed from service when he was found guilty of misconduct for using abusive and filthy language against his foreman---Appeal filed by appellant was time-barred by eleven days ---Appellant in his application for condonation of delay stated that he had received a telephonic message from Swat that his father-in-law had been murdered he had therefore to leave for Swat, his home town---Apart from word of appellant there was no evidence to support his averment ---No first information report or a certificate from Headman or Tribal Chief was produced with regard to alleged murder of his father-in-law---Appellant had enough time to file appeal before his leaving to Swat---Appellant stated that as per custom he had to remain in Swat in mourning for forty days but he returned before forty days expired--­Appellant could come earlier to file appeal if he did not stick to custom--­Burden of proof was thus upon appellant to explain delay in filing appeal and to show that delay was for reasons beyond his control---Appeal, being time-barred was dismissed in circumstances. Muhammad Shafiq Qureshi for Appellant. S.S. Jahangir for Respondent. Date of hearing: 20th November, 1990. DECISION This is an appeal against the order, dated 11-2-1990, passed by learned Presiding Officer, Sindh Labour Court No. IV, Karachi whereby the grievance petition filed by the appellant was dismissed. 2. The brief facts of the case are that the appellant was admittedly a workman employed by the respondents. On 16-7-1988 he is allowed to have picked up a quarrel with kiln foreman Taj Muhammad, who was also President of C.B.A., and used abusive and filthy language against him and also threatened him with dire consequences. Taj Muhammad filed complaint with the management whereupon the appellant was charge-sheeted on 15-7-1988. After domestic en-ir- in which he was found guilty of the alleged charges, he was dismissed from service vide order dated 3-8-1988. After serving grievance notice upon the respondents the appellant filed grievance petition before the Labour Court. 3. 1 have heard…

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