DECISION The instant appeal is directed against the order of Sind Labour Court No. VII at Sukkur, dated 15-3- 1984.
2.The facts in this case are very simple. Pakistan Agricultural Storage and Services Corporation Ltd.
Situated at Lahore posted Muhammad Sultan, the appellant, at Mian Chunnoo in Multan Zone.
Subsequently in the month of August, 1979, he was transferred to Jacobabad under the control of General Manager, PASSCO, Quetta Road, Jacobabad. He was asked to produce the relieving order from Mian Chunnoo which he could not do. He was subsequently called at Multan by .The Head Office and that thereafter he gave grievance notice to the respondent No. 3 and filed a grievance petition at Sukkur.
3. The respondents Nos. 1 and 2 remained absent, therefore, they were declared ex parte.
Respondent No.3 gave reply statement that the appellant was transferred from Muitan to Jacobabad in October, 1979, but he did not submit the relieving letter. The appellant had never worked at Jacobabad after he was transferred from Mian Chunnoo. The appellant is being treated as absconder by the Deputy General Manager, PASSCO at Multan Zone. He was required to attend the Head Office at Lahore, vide letter, dated 2-8-1983, but he failed to do so, and that he deserted from the duty.
4. The evidence was recorded by the learned Labour Court and the matter was argued at length by the learned counsel for the parties.
5. The appellant in paragraph 12 of his grievance petition has stated that he has neither been suspended nor removed, terminated or dismissed from service. The only reason given by him in his grievance petition is that he has not been paid salaries since August, 1979. Exh.2-C shows that he was working at Mian Chunnoo where he received telegram from his house of illness of his father and on receipt of such telegram he came back to village after giving an application for leave. He stayed for a long period and, therefore, when he went to resume his duties, he was treated as absent from duty. This perhaps was the reason that he was not paid wages, that he remained absent and declared as an absconder and that his filing of grievance petition at Sukkur, Labour Court is definitely without jurisdiction. He has brought nothing on record that he had submitted duty report at Jacobabad. In view of this position, the cause of action accrued to him at Mian Chunnoo which is outside territorial jurisdiction at Sukkur. Consequently his, grievance application is not maintainable. This observation is made by the learned Labour Court and I would agree with him. The appellant: has no cause of action since he was not removed and he was supposed to be on duty. He did not produce the relieving letter from Mian Chunnoo and if at all he has to file similar petition, he may do so at Multan or at Mian Chunnoo. The appeal is, therefore, dismissed