Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition---Limitation---Time consumed in pursuing departmental appeal provided under Rules has to be excluded from period of limitation under S.25-A, Industrial Relations Ordinance. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Removal from service---Grievance petition---Limitation---Employee failed to give grievance notice and his grievance petition was barred by time--­Grievance petition, held, was not sustainable---Order of Labour Court allowing grievance petition of worker/employee was set aside in circumstances. Noor Muhammad for Appellant. Muhammad Ahmad for Respondent. Date of hearing: 3rd October, 1989. DECISION This is an appeal against the order of learned Sindh Labour Court No. III at Karachi, dated 8-11-1988, whereby the grievance petition of the respondent was allowed. 2. The brief facts of the case are that the respondent was admittedly employed as an Officer Grade-III by the appellants bank. On 17-3-1983, he was charge-sheeted for remaining unauthorizedly absent from duty from 23-8-1982 and after domestic enquiry, he was ordered to be removed from service, vide order, dated 2-10-1983. He filed grievance petition before the learned Labour Court on 7-8-1983. The appellants resisted the grievance petition on the ground that the respondent was not a workman and that the grievance petition was time-­barred and further that the charge had been proved against him in the domestic enquiry. 3. I have heard Mr. Noor Muhammad, the learned Advocate for the appellants and Mr. Muhammad Ahmed, the learned counsel for the respondent and have also gone through the record and proceedings of the case. 4 The charge-sheet has been produced as Annexure `P' by the respondent alongwith the grievance petition which shows that it has been issued under the National Bank of Pakistan Staff Service Rules, but, the order of dismissal /removal from service, Annexure `A' shows that it has been issued under the National Bank of Pakistan Staff Service Rules, 1980. It is now a settled law that the National Bank of Pakistan Staff Rules, 1980 which are framed on the recommendations of the…

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