| Citation(s) |
|---|
| 2001 SLG 1540 2001 SLD 1540 2001 PLC 100 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 296 of 1999, decision dated: 22-08-2000, hearing DATE : 15-08-2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 296 of 1999, decision dated: 22-08-2000, hearing DATE : 15-08-2000
MUNAWAR ALI KHAN, CHAIRMAN
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HOLIDAY INN CROWN PLAZA EMPOYEES UNION through General Secretary
VS
Messrs HOLIDAY INN, CROWN PLAZA through Manager Administration
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) S. 37(3) Appeal- Limitation Delay, condonation of Appeal against decision of Labour Court which was to be filed within thirty days from delivery or passing of decision was filed fourteen days after the expiry of prescribed period Copy of decision of Labour Court was prepared by Copying Agency on the very date of passing said decision, but appellant collected said copy after fifteen days without explaining said delay No application for condonation of delay was filed by the appellant Appeal otherwise having been incompetently filed, was dismissed being barred by time. DECISION Aggrieved by the order, dated 11th October, 1999 of the 5th Sindh Labour Court Karachi, Holiday Inn Crown Plaza Employees Union (hereinafter referred to as the C.B.A.) has preferred this appeal under section 37(3) of Industrial Relations Ordinance, 1969. The facts leading to this appeal may be summarized as follows. The appellant is the registered collective Bargaining Agent (Trade Union) of the employee of Holiday Inn Crown Plaza, a Five Star Hotel which has been engaged in doing hotel/restaurant business for over 18 years. Despite having the very sound financial position and earning of huge profits, the hotel's management have remained callous to the rights and benefits of the hotel's more than 400 hotel management employees. Therefore, on 6 11 199.7, the C.B.A. served on the respondents hotel management a Charter of Demands followed by notice of strike on 15 12 1997, by registered post. A copy of the notice of strike was also sent to the Assistant Director Labour (Conciliation) whereupon conciliation proceedings ensued. But on account of lack of interest on the part of hotel management, the conciliation proceedings not only lingered on but also they ultimately ended up in failure. After the letter of such failure was issued by the Conciliator, the appellant C.B.A. filed application under section 32(1 A), I.R.O., 1969 in the Labour Court hereinabove which on the basis of Preliminary Legal Objection dismissed the same and hence this appeal. 2. I have heard the arguments of Mr. Abduz Zubaid, representative of the appellant C.B.A. and Mr. Masood…
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