Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability of---Departmental appeal against order of employer was filed by employee after period of two months of order and grievance notice was given by employee to employer on day after dismissal of Departmental appeal and grievance petition was filed about 27 days after grievance notice---Period consumed by Department in deciding' appeal of employee was to be excluded---Departmental appeal having been filed by employee before expiry of statutory period of three months, grievance notice and grievance petition of employee were within period of limitation prescribed under Industrial Relations Ordinance, 1969, and could not be dismissed as time-barred. Gulistan v Sindh Labour Appellate Tribunal and others 1982 PLC 1008-1011 ref. Appellant in person. Mehmood A. Ghani. Representative for Respondents. Date of hearing: 23rd September, 1991. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. V, dated 31-3-1991 whereby the grievance petition of the appellant was dismissed on the ground that it was barred by limitation. I have heard the appellant in person and Mr. Mehmood Abdul Ghani for the respondent and have also gone through the record and proceedings of the case. 3. The brief facts of the case are that the appellant was admittedly working in the respondent bank as typist when by letter dated 4-9-1988 he was called upon to explain certain act of misconduct and show cause why severe vide order dated 17-9-1988. In the enquiry -he was allegedly found guilty and, therefore vide order dated 20/27th December, 1988 he was awarded punishment of withholding of one increment and was also issued warning. As. against this order he filed departmental appeal on 27-2-1989, which was decided and rejected, vide order dated 30-12-1989. He gave grievance notice to the respondent on 1-1-1990. Failing to get any redress, he filed grievance petition on 28-1-1990. 4. The grievance application of the appellant was rejected on the ground that cause of action accrued to, him on 27-12-1988 and therefore the grievance notice dated 1-1-1990 and the grievance…

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