Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 47(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Termination of service---Grievance petition---Appeal to High Court---Appellant/worker who was appointed as cashier in the Bank, subsequently was promoted as Grade-3 Officer and was also moved to the next higher grade---Subsequently appellant was served .with charge--sheet for' some wrong committed by him---Services of appellant were terminated after holding inquiry against him---Departmental. appeal filed by appellant having not been responded, he filed appeal before Service Tribunal, which was dismissed for want of jurisdiction---Appellant after dismissal of said appeal, issued grievance notice under S.46 of Industrial Relations Ordinance, 2002 after 33 days of dismissal of appeal by Service Tribunal and thereafter filed grievance petition after 31 days of issuance of grievance notice---Labour Court dismissed grievance petition holding same to be time barred---Validity---Appellant/worker issued grievance notice after one month and three days of dismissal of appeal, whereas under S.46 of Industrial Relations Ordinance, 2002, grievance notice was to be issued within 30 days---Even if the period spent by the appellant before wrong forum (Service Tribunal), was excluded, .then too appellant issued grievance notice after expiry of period of 30 days---Appellant did not file any. application for condonation of delay explaining the circumstances due to which he issued grievance notice with delay---Grievance petition filed by appellant on the basis of grievance notice issued alter the prescribed period of one mouth, was rightly rejected by the Labour Court and said order being unexceptional, needed no interference in appeal. PLD 1995 SC 629; 1995 SCMR 1655; PLD 1988 SC 83; 2007 PLC 46; 2007 PLC 64; Government of Punjab v. Muhammad Salim PLD 1995 SC 396=1995 SCMR 546; Rehmat Ullah and others v. Ulyas Khan 1968 SCMR 975; Pakistan Railway v. Ghulam Sarwar 1989 SCMR 864; 1999 SCMR 2353 and 1986 SCMR 1624 ref. Muhammad Usman Yousafzai for Appellant. Shahid Anwar Bajwah for Respondent. Date of hearing:…

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