Pakistan Case Law← Search
1985 PLC 118

MUHAMMAD ALI vs MANAGER, STANDARD MANUFACTURING COMPANY Ltd.

Citation1985 PLC 118
CourtLabour Appellate Tribunal
Case No.Appeal No, QSA-545of 1983
Date1984-01-21
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' The appeal captioned above arises from the decision dated 27-10-1983 recorded by the learned Presiding Officer, Punjab Labour Court No,3, Lahore at Ferozewala dismissing the petition of the appellant as being time-barred.

2. Three grievance notices were given by the appellant, whereas according to section 25-A, only one valid grievance notice is to be given. The first notice Exh. R-11 was served on 6-4-1981. Reply to this notice Exh. P-12 is, dated 19-4-1981. Grievance petition could be brought upto 19-6-1981 but it was presented on 15-8-1981. Second grievance notice was given on 15-6-1981. Still a third grievance notice is proved to be given by the appellant on 18-8-1981. It has been argued by the learned counsel for the appellant that after the service of the first grievance notice, the appellant under a wrong advice went to a wrong forum i,e, the authority under the Payment of Wages Act, so the said period is to be excluded. The copy of the petition Exh. R.J. Made to the, Authority under the Payment of Wages Act shows that the order of dismissal was not challenged and only claimed wages with ten times compensation. So, this is, wrong that the dismissal was challenged in a wrong forum bona fide. The appellant was sent dismissal order by registered post on 7-4-1981 as mentioned in the reply to the first grievance notice. The appellant did not falsify this fact in his petition. Since the order of dismissal had been served upon him well before he gave the grievance notice and he did not come to know of it for the first time by the reply to his first notice, there was no occasion to give any other grievance notice. From the date of the reply to the first notice, the petition was time- barred. No application for condonation of delay was made to the learned lower Court.

3. As a result, the appeal is dismissed in limine.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search