Case Details

Citation(s)
2007 SLG 1877 2007 SLD 1877 2007 PLC 340
Quetta High Court
Labour Appeal No.25 of 2006.
MUHAMMAD NADIR KHAN, J

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ATTAULLAH

VS

HABIB BANK LIMITED ATTAULLAH vs HABIB BANK LIMITED

Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---Termination of service---Grievance application---Limitation---Application to condone delay---Appeal to High Court---Appellant/employee whose service were verbally terminated, served grievance notice on respondent/employer after more than six months from termination of his services, whereas under provisions of S.46(1) of Industrial Relations Ordinance, 2002, appellant could bring his grievance to the notice of his employer within one month of his termination---Total period available to appellant for approaching the Labour Court was three months and fifteen days, but he filed grievance application after eight months and eleven days---Appellant made an attempt to get delay condoned on the ground that verbal termination order was void and no limitation would run against void order---Appellant having not adopted procedure provided by S.46 of Industrial Relations Ordinance, 2002 for redressal of his grievance, delay which had occurred on account of his negligence could not be condoned---Dismissal of grievance application of appellant/employee on ground that it was time-barred, was unexceptionable calling for no interference---Appeal against of Labour Court being without' any merits, was dismissed, in circumstances. Azam Jan Zarkoon for Appellant. Shahid Anwar Bajwa for Respondent. JUDGMENT MUHAMMAD NADIR KHAN, J.--- This labour appeal under section 48 of the Industrial Relations Ordinance, 2002 (hereinafter referred to as the I.R.O.) is directed against the order, dated 13-7-2006 passed by Third Labour Court, Balochistan at Hub (hereinafter referred to as to the Labour Court) whereby grievance application filed by the appellant under section 46 of I.R.O. 2002 has been dismissed. Briefly stated facts of the case are that the appellant (hereinafter referred to as the applicant/worker) was in service of the respondent-Bank since 15-5-1990 where he was inducted as messenger. The applicant/worker claimed that on 12-8-2004 he was not allowed to join his duty and his services were verbally terminated. The applicant approached the Bank for his reinstatement and his such request was recommended by Chief…
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