Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15-Dismissal from service---Grievance petition---Appeal to High Court---Appellant, who was dismissed from service, had claimed that he was not served with order of dismissal and that his dismissal order was violative of law---Grievance petition filed by appellant against said order, was dismissed solely on the ground that it was barred by time---Appellant had specifically asserted that he received letter on 19-1-1998, whereby he came to know that he was dismissed from service and that prior to that he did not receive any other order in that regard---Grievance petition in view of such positive pleading on the part of appellant, could not be assumed to have been filed within specified period from the date of his knowledge was prima facie barred by time---Matter was a question of fact which needed proper inquiry and necessitated recording of evidence, but none of the parties was allowed to lead evidence---No justification existed for the Labour Court to conclude that letter of dismissal was in fact, sent or served on appellant---Dismissal of grievance petition by the Labour Court summarily, was violative of law, in circumstances---Allowing appeal order of Labour Court was set aside and case was remanded to be decided afresh in accordance with law. (b) Industrial Relations Ordinance (XCI of 2002)--- ----S. 46---Grievance petition---Grievance petition could not be equated with a civil suit---Neither all the rigours of Code of Civil Procedure, 1908 could be applied to the labour cases, nor all the clauses of Rule 11 of Order VII, C.P.C. could be enforced---Dismissal of grievance petition summarily would be governed by Clause (d) of Order VII, R.11, C.P.C. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11(d)---Rejection of plaint---Clause (d) of O.VII, R.11, C.P.C.-was a penal provision- -All penal provisions, had to be construed strictly and their scope should not be extended beyond the necessary intendment---Court was bound to reject a plaint where suit appeared to be prima facie, barred by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492