' This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No, VI at Hyderabad, dated 12-3-1987 whereby grievance petition of the appellant was dismissed.
2. The brief facts of the case are that the appellant was employed as workman with the respondents from 7-10-1984 and was discharged from service on 10-4-1985. He claims to have reported on duty on the start of season in September, 1985, but was refused employment.
Therefore, after service of grievance notice, he filed grievance petition before the Labour Court.
3. The appellant in his grievance notice claims that after working for three months he had acquired status of permanent workman and, therefore, he prayed for reinstatement as his dismissal was unlawful. However, the evidence on record, as pointed out by the learned Labour Court, shows that he was a 'Seasonal Worker' which is clear from the two orders of appointment produced by him as Exh. A/3 and Exh.A/4 which show that he had been appointed in 'Crushing Seasons' of 1983-84 and 1984-85 and was discharged after the end of 'Crushing Season'. However, he had not pleaded in his grievance notice or grievance application that any person junior to him or any new person had been appointed in preference to him. No such question was put even to the witnesses of the respondents. However, one document Exh. R/4 shows that in the year 1985;86 two new persons Abdul Latif and Aftab Ahmad were appointed as `L.D.C.' Be that as it may, the relief under Standing Order 14 has not been claimed by the appellant and the learned Labour Court has rightly held that he cannot be given the relief which he had not claimed. He claims to be declared as 'Permanent Workman' but he has not been able to show that he had worked on the work, which was permanent in nature, likely to last for more than nine months. Furthermore, it may be pointed, that impugned order was passed on 12-3-1987 whereas appeal has been filed on 11-4-1988. He has produced two Medical Certificates alongwith the application under section 65-B of I.R.O.
Contending that he had fallen sick for more than one year. One Certificate is issued by Medical Officer, Lahore and the other Medical Certificate is issued by Doctor of Tando Muhammad Khan.
The Medical Certificates on the very face inspire no confidence and furthermore do not show that during this period appellant was unable to move to engage an Advocate or give instructions to his Advocate or to file appeal.
4. The appeal is hopelessly time-barred and is, therefore, dismissed.