Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46, 48 & 49---Limitation Act (IX of 1908), S.14---Removal from service---Grievance petition---Limitation---Appeal to High Court---Employee apprehending that his services would be terminated by employer filed petition before National Industrial Relations Commission---Interim order protecting services of appellant was granted by the Commission but during pendency of case, said stay order granted to appellant was vacated and employer taking benefit of same removed employee from service---Employee withdrew his case from National Industrial Relations Commission with permission to file fresh case---Employee, thereafter, filed grievance petition before Labour Court, which was disposed of on ground of limitation being time barred---Validity---Provision of S.14 of Limitation Act, 1908, had provided that while excluding the period spent in a court having no jurisdiction', certain criteria had to be examined, particularly that both the cases proceeded in the latter court and pending in the former court should be based on same cause of action with the same relief---In the present case, while pursuing his case before National Industrial Relations Commission, relief sought by employee was that employer should be restrained from terminating him from service; meaning thereby that at that particular time employee was in service and due to his Union activities was under the apprehension of his removal, whereas the grievance application subsequently filed before the Labour Court, was absolutely on different footings---Employee, at the time' of presentation of grievance petition, had been removed from service and he had prayed for his reinstatement in service with full back benefits---Reliefs sought in both matters, ex facie, were absolutely different from each other and could not be said to be the part of proceedings for the purpose of taking benefit of S.14 of Limitation Act, 1908---Employee had approached National Industrial Relations Commission for the protection of his service under apprehension that due to Union activities he could be removed from service, whereas in other case filed after about three years, his…

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