DECISION ' This application is moved under section 38(3-A) of the I.R.O., 1969, invoking Suo Motu jurisdiction of this Tribunal and praying that the R & P of grievance Application No,264/88, pending in the Labour Court Nod at Karachi, be called to examine the legality, propriety and correctness of the order dated 1-2-1990, passed by the learned Labour Court.
2. I have heard Mr. Rehan Aqeel, Advocate for the applicant.
3. The respondent had filed his grievance petition in 1988, challenging his removal from service by the applicant. The applicant filed an application before the learned Labour Court, praying that the grievance petition be dismissed on the ground that the grievance petition was time-barred. The main contention of Mr. Aqeel is, that the respondent had not given the date of his removal from service but he has mentioned in his grievance notice dated 15-6-1988, that he had served the applicant for 28-1/2 years. It is contended by hirn, that if this period of 28-1/2 years is calculated from the date of appointment, which is shown in his grievance application, it would be clear that the application was time-barred. The learned Labour Court had dismissed the application on the ground that the question of limitation was mixed question of fact and law which can only be decided after the evidence is recorded. It is settled principle of law, that if any application or complaint is dismissed without proceedings of the case, then only the pleadings of the applicant are to be looked into and the pleadings of the respondent are not be taken into consideration. No doubt the pleadings in the grievance application appear to be vague, with regard to the date of cause of action but no adverse interference can be drawn, unless the applicant is given chance to give evidence with regard to the date of cause of action.
4. Under the circumstances, in my opinion, the order of the learned Labour Court is not illegal or incorrect to call for any interference by this Tribunal in exercise of its suo motu revisional powers.
The revision application is, therefore, dismissed. However, the learned Labour Court is directed to dispose of the case as early as possible.