' The decision dated 16-12-1985 recorded by the learned Presiding Officer, Punjab Labour Court No, 6, Rawalpindi has been challenged, whereby the respondent has been directed to be reinstated in service with back benefits.
2. The respondent was initially recruited as junior clerk. He was promoted as Senior Clerk and thereafter as local purchaser. His services were terminated as being surplus. The learned lower Court has observed that as the respondent was a promote, he could have been reverted to the lower post if he had become surplus while serving as Local Purchaser.
3. The point whether the grievance notice was served in time has not been properly decided by the learned lower Court. 8-7-1985 is not the date of despatcher or service of grievance notice. Rather the copy produced carries the said date. No postal receipt was produced to show on what date the notice was actually dispatched by registered post. Likewise no A.D. Receipt was produced to show on what date the notice was actually delivered. No doubt, the service of grievance notice was admitted, but since the contention was that it was time-barred, the postal or AD receipt should have been produced. Up to 10th grievance notice could be validly served. Since the date of dispatch and date of actual delivery are not known, the learned lower Court wrongly decided (hat the fact that service of grievance notice within time was established. The appellant too did not disclose the date on which the notice reached to it. So the points need to be thrashed out again.
4. The point whether the respondent is covered by the definition of workman is also disputed. Since the case is being remanded, the parties may be afforded further opportunity to lead evidence about the duties of the respondent.
5. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for the readmission in c the light of the observations made above after affording further opportunity to the parties to produce evidence if they so like.