ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- During the pendency of grievance petition before the Punjab Labour Court No,3, Lahore, the petitioner establishment(respondent in the Labour Court) filed an application under Order VII, Rule 11, C.P.C. Seeking dismissal of the grievance petition on the ground that dismissal order was passed on 3-3-2009 whereas the grievance notice was dispatched on 11-6-2009 which is clear from the postal receipt on the record. Moreover the respondent had filed joint grievance petition which was disallowed by the Court with the direction to file separate grievance petitions, which have not been filed in time and there seems to be no justification for condonation of the delay if any.
2. The application was strenuously opposed by the petitioner establishment. The learned Labour Court after hearing arguments dismissed the application on 4-8-2011 precisely with the following remarks:--- "The respondent desires the court to decide the application under Order VII, Rule 11 while perusing certain documents and evidence on the file. It is against the spirit of Order VII, Rule 11, C.P.C. Likewise whether the petitioner is entitled for condonation of delay or not would be decided in (hie course of time."
3. Arguments have been heard and record has been perused.
4. The postal receipt available on the record was presented to the postal authorities for clarification as to whether notice was issued on 11-6-2009 or 1-6-2009. There is a note from the postal authorities which clarifies that in fact the notice was dispatched on 1-6-2009.
5. As for the objection that the joint grievance petition was disallowed and the subsequent, independent and individual grievance petitions were time-barred that is yet to be decided by the Labour Court after recording of the evidence. Both the pleas raised by the learned counsel for the petitioner pertained to factual controversy which could not be decided without recording of evidence, on the basis of hyper technicalities. The order of the court, therefore, appears to be proper and valid.
2012. In this view of the matter, the revision petition is dismissed and a direction is issued to the learned Labour Court to decide the matter expeditiously after recording of evidence of the parties.