DECISION Muhammad Ismail was serving with the respondent, Karachi Transport Corporation as a Driver. He was dismissed from service by the respondent on 24-7-1984 on the ground of his misconduct. The appellant gave a grievance notice to the respondents on or about 21-10-1984, but it was not replied. Thereafter, the appellant filed his grievance petition before the Labour Court. The stand taken by the respondent Corporation was that the grievance petition was timebarred.
2. Admittedly the application filed by the appellant is time-barred and the reasons given for the condonation of delay are that the appellant was not feeling well since 1-1-1985 to 23-1-1985 and he was advised to take rest, therefore, he could not file the grievance petition in time. The medical certificate is seen by me. The Medical Certificate shows that Muhammad Ismail son of Peer Muhammad attend the Clinic of Dr. Abbasi and he was suffering from jaundice and from 1-1-1985 to 23-1-1985 he took rest. This Certificate is not believed by the learned Labour Court, The certificate does not mention the date of issue and it is suffering from many other points which could not prevent the appellant from getting such an application signed or to have instructed to his counsel.
This certificate was therefore, rejected and the petition under section 25-A, I.R.O., 1969 is time- barred.
3. I have seen the certificate. Jaundice is not an ailment which would prevent the patient from advising or instructing his counsel. The appellant was to take rest. The certificate also shows that it is jaundice P.U.0. Partial upon obstruction. This means that the appellant A was not disabled to move, therefore, the medical certificate was disbelieved by the learned Labour Court. I also believe that the medical certificate was issued at a time when the grievance petition was already time- barred. 1, therefore, dismiss the appeal in limine.