DECISION ' This is an appeal against the order of the learned Presiding Officer, First Sindh Labour Court at Karachi, dated 12-7-1990, whereby the grievance petition of the appellant was dismissed as time- barred.
2. I have heard Mr. S.U. Farooqui, learned Advocate for the appellant and have also perused the record and proceedings of the case.
3. Admittedly the cause of action to the appellant arose on 5-6-1986, when the order of dismissal was passed. He moved an appeal before the higher authority on 30-5-1986, which has not been decided so far. Therefore, he served grievance notice on 11-10-1989 on the respondents and filed the grievance petition. The appellant also moved application for condonation of delay before the learned Labour Court on the ground, that he was admitted in Cardio Vascular Hospital. In this Tribunal also it is urged that delay was caused as his appeal was not decided by the department.
The learned Labour Court has rightly held that there was no evidence that appellant was in bed for three years, so that he could not have served the grievance notice upon the respondents or filed the grievance petition within time. Three years cannot be considered as reasonable time for waiting for decision of appeal. This inordinate delay is not satisfactorily explained and is fatal to the case of appellant.
4. Under the circumstances, I see no merit in this appeal and therefore' dismiss it in limine.