DECISION ' In the light of the order, I proposed to pass in this appeal, from a petition dismissed in limine by the learned Presiding Officer, Labour Court No, VI, I will advert to the facts very succinctly.
2. The appellant was engaged as a Labor by the respondents and within a short period was promoted to the post of Khalasi. However, they did not feel happy with his conduct as a result thereof after due notice, he was removed from service on 9-12-1990.
3. The grievance petition has been dismissed only on the point of limitation. The starting point had been computed from the order of dismissal and the learned Presiding Officer was of the opinion that it could not be unknown to the appellant as in the grievance petition filed on 7-8-1991; he was talking of a mercy appeal tiled before the employer.
4. It has, however, to be noticed that he had mentioned it in an altogether different context. It was open to the learned Presiding Officer to accept his version or reject it but he should have been provided him with an opportunity to put some construction on it.
5. All that we know from Mr. Abdul Rehman Butt appearing on behalf of the respondents, is that the appellant had declined to accept the copy of the order when it was sent to him per Peon Book. We are further informed that then it was later sent to him per registered letter A/D. On his own showing, the acknowledgement receipt or the envelope is not with them at all
6. I am clearly of the view that the material which had been presented before the learned Presiding Officer should have been properly looked into. He could reach the same conclusion, if he was so satisfied but the matter should not have been dismissed in limine. I would, therefore, set aside the impugned order and remand the case to the learned Presiding Officer for proceeding on merit according to law.