Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------S. 46---Industrial and Commercial Employment (Standing Orders) Ordinance' (VI of 1968), S.O.13-Constitution of Pakistan (1973), Art.199--- Constitutional petition--- Retrenchment--- Grievance application---Amendment in grievance application---During pendency of proceedings of the grievance application filed by the respondent/employee against his retrenchment, employee had filed an application for amendment of grievance application, which application having been allowed by the Labour Court, petitioner/Bank had filed constitutional petition against said order of the Labour Court--Contentions of petitioner/employer were; firstly that the amendment sought for by the employee had introduced a new cause of action; and secondly that the amendment sought for was time-barred---Validity---Facts of the case had revealed that the amendment sought for by the employee did not add to any new cause of action, but it remained confined to the retrenchment---Expiry of limitation by itself when considering the question of amendment, was not to be treated as bar, if it was found to be necessary for the purpose of amendment---Delay alone in applying for amendment after expiry of the period of limitation was not a ground for refusing an amendment in the plaint---No jurisdictional error having been demonstrated in the impugned order, constitutional petition was dismissed. Mst. Ghulam Bibi v. Sarsa Khan PLD 1985 SC 345; Alam Din alias Alam Sher and 3 others v. Alam Din PLD 1990 SC (AJ&K) 1 and Abdul Majeed v. Khalid Yasin 2002 CLC 468 rel. Javed Akbar with Akhtar Khetran, Litigation Officer, H.B.L. for Petitioners. Ch. Khalid Mehmood Arain for Respondents. Date of hearing: 8th June, 2009. JUDGMENT CH. NAEEM MASOOD, J.--- Brief facts leading to this petition are that the respondent No.1 has filed a grievance petition before respondent No.2, which is pending adjudication. During the pendency of the proceedings of the grievance petition the petitioner has filed an application for amendment of his grievance petition. The said application has been allowed vide order dated 23-6-2007 passed by respondent No.2. 2. The learned counsel of…

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