Case Details

Citation(s)
2001 SLG 2166 2001 SLD 2166 2001 PLC 269
Labour Appellate Tribunal, Sindh
Appeals Nos.KAR 297 to KAR 302 of 1999, decision dated: 19-09-2000.
MUNAWAR ALI KHAN, CHAIRMAN

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TEXTILE OVERSEAS CORPORATION

VS

SHAIR ALI and 5 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A Grievance petition Limitation Employee for redressal of his grievance would first bring his grievance in writing to the notice of his employer within three months of occurrence of grievance as provided in S.25 A of Industrial Relations Ordinance, 1969 If no reply was given to the notice of employee within fifteen days or reply received by employee was not satisfactory then employee could approach Labour Court by filing grievance petition within two months of receipt of said reply For calculating said period of limitation it would be necessary to fix date on which grievance of employee occurred Date of termination of employees as mentioned in grievance notice and also in grievance petition had remained unchallenged as employer neither gave reply to grievance notice of employees nor filed any regular written reply to the grievance petitions filed by them Grievance notice sent by employees within two months of termination of their services and grievance petitions filed within two months of serving grievance notice on employer to which no reply was given by employer, were well within time Labour Court had rightly found that grievance petitions were not barred by time as alleged by the employer. Khurshid Ahmed Siddiqui for Appellants AND Rafiullah and Shamsher Khan, for Respondents. Date of hearing: 11th September, 2000. DECISION This judgment will cover six appeals bearing NOS.KAR 297, KAR 298, KAR 299, KAR 300, KAR 301 and KAR 302, all filed in 1999 and involving common questions of law and fact. The factual background of these appeals may be summarized as follows. Some of the respondents were permanently employed with appellants Corporation in 1990 and others in 1994. They were given different duties some were assigned the work of some were given the work of KB/Makers and one was detailed as tailor. Somehow their services were terminated with effect from 1 1 1996. On termination being challenged, the Labour Court by its order, dated 25 11 1999 ordered their reinstatement but without allowing them back benefits. Accordingly they were reinstated in service vide letter, dated 1st December, 1997. As a retaliation…
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