| Citation(s) |
|---|
| 1991 SLG 304 1991 SLD 304 1991 PLC 535 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-262 of 1989, decision dated: 22-10-1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-262 of 1989, decision dated: 22-10-1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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MUHAMMAD NASIR and 5 others
VS
Messrs GOLDEN PLASTIC (PVT.) LIMITED
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.65 (b)---Limitation---Sufficient reason---What is sufficient reason for condoning delay in filing grievance petition is dependent on facts of each case. Allied Bank of Pakistan v. Dildar Muhammad Pervez 1977 P L C 715 and Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.25-A, 26 & 65---Grievance petition---Dismissal of, on ground of limitation---Employees before filing grievance petition resorted to get dispute with employer settled through Collective Bargaining Agent under S. 26 of Industrial Relations Ordinance and when they failed to reach a settlement therein they filed a grievance petition under S.25-A of Ordinance which was by then barred by limitation---Whether employees pursued remedy under S.26 of Ordinance in good faith was a question of fact---Prima facie employees were able to show that they were pursuing certain remedy provided under law in good faith and therefore it was sufficient cause for condonation of delay---Order of Labour Court dismissing grievance petition of appellants on ground of limitation was set aside and case was remanded to Labour Court, for decision on merits. Allied Bank of Pakistan v. Dildar Muhammad Pervez 1977 P L C 715: Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 and Textile Corporation of Pakistan v. M. Usman 1981 P L C 905 ref. Shafiq Qureshi for Appellants. Khursheed Ahmed Siddiqui, Representative for. Respondents. Date of hearing: 22nd October, 1989. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No.1I, Karachi dated 26-3-1989 whereby the grievance petition filed by appellants was dismissed on the ground that it was barred by limitation. I have heard Mr. Shafiq Qureshi for appellants and Mr. Khursheed Ahmad for the respondents and have also gone through record and proceedings of the case. Admittedly the appellants were workmen working with the respondents. On 5-12-1987 they were served with the termination order intimating them that their services were terminated with one month's notice w.e.f. 6-12-1987. They served grievance notice upon…
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