Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ----S. 38---Appeal, competency of --Appeal against order of Trial Court was filed by appellant on very first day - when Court re-opened after winter vacations---During vacations office no doubt remained open to receive petitions and attend to routine miscellaneous work, but Court did not work--­Appeal, though was time-barred, but period during which Court remained closed on account of vacations, had to be excluded for computation of limitation---Appeal filed on very first day after re-opening of Court, was not time-barred. Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102 and 1975 SCMR 452 ref. (b) Industrial Relations Ordinance (XXIII of 1969)---- -------S, 25(A)---First grievance notice sent by employee to employer wader registered cover which was returned as unaccepted on part of employer, admittedly was sent by employee within time---Second notice sent by employee too was returned unaccepted ---Third grievance notice which came to be accepted by employer, could not be considered as time-barred in circumstances and grievance petition fled by employee could not be dismissed solely on that ground. Miss Sarwar Jahan for Appellant. Itrat Puri for Respondent. Date of hearing: 4th June, 1992. DECISION This appeal, from the order of the learned Labour Court No. 4, Karachi, briefly stated, has arisen in the following circumstances. 2. The appellant is stated to have been working with the respondent-Mill since 1983. In February, 1990 he is stated to have fallen ill and proceeded to his home. He resumed duty on 1-4-1990 and was charge-sheeted for unauthorised absence. There was a domestic enquiry and he was dismissed on 26-5-1990. 3. On 19-8-1990 be has sent a grievance notice to the respondent which was not acceded and returned. A second notice was repeated on 22-9-1990 and again met with the same fate. It was the third notice, dated 7-10-1990, which came to be accepted and the reply thereto indicated that the same was time-barred. 4. The appellant then filed the petition before the Labour Court on 2310-1990 which came to be resisted on a number of grounds. The one material for our purposes, is that the grievance…

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