Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------S. 46(1)---Constitution of Pakistan (1973), Art.185 (3)---Grievance petition---Limitation---Petitioner was employed on work charge basis in year 1988, later on he was employed on ad hoc basis against a permanent post---In year, 1998 the post was again converted into work charge basis---Constitutional petition as well as Intra-Court Appeal, filed by petitioner against such conversion, were dismissed by High Court, as he did not file any grievance notice under S.46 (1) of Industrial Relations Ordinance, 2002---After dismissal of Intra-Court Appeal, the petitioner gave grievance notice and then filed petition---Labour Court allowed the petition but High Court dismissed the same as grievance notice was time ­barred---Validity---Petitioner had served grievance notice on 7-11-2002, after 3 years and 4-1/2 months---In case cause of action accrued after dismissal of his Intra-Court Appeal by High Court, even then he had not served grievance notice to the employer in terms of S.46(1) of Industrial Relations Ordinance, 2002, within specified period of one month---Question of limitation under S.46 'of Industrial Relations Ordinance, 2002, had to be rigidly construed on the well-known maxim that no party was allowed to circumvent the provisions of statute of limitation---Party approaching Court of competent jurisdiction for redress of grievance beyond specified period of limitation was bound to explain each day's delay to the satisfaction of respective forum because valuable right had accrued to the other side---Supreme Court declined to interfere with the passed by High Court in exercise of labour appellate jurisdiction---Leave to appeal was refused. Government of Punjab v. Muhammad Salim PLD 1995 SC 396=1995 SCMR 546; Rehmat Ullah and others v. Ulyas Khan 1968 SCMR 975 and Pakistan Railway v. Ghulam Sarwar 1989 SCMR 864 rel. (b) Limitation Act (IX of 1908)--- ----S. 3---Limitation---Duty of Court---Scope---Duty of Court is to determine question of limitation irrespective of the fact whether such plea was raised or not by virtue of S.3 of Limitation Act, 1908. Haji Muhammad Shah v. Sher Khan PLD 1994 SC 294 and…

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