1. AWARD In this application under section 34 of the Industrial Relations Ordinance the applicant has prayed for re-instatement in service from the date of his alleged illegal dismissal alongwith full pay and other benefits. The applicant was a permanent workman in the service of the respondeat up to 4th December 1971 when all of a sudden he was dismissed from service without any notice/charge-sheet or an opportunity of defence. He also submitted an application in accordance with the orders of the Governor of Sind which provided for re-instatement of dismissed or retrenched workers of the year 1971. But since the respondent failed to do anything the applicant has filed this application on lst March 1972 with the prayers as mentioned above. In the reply statement, the respondent has contended that neither this application under section 34 of the Industrial Relations Ordinance is legally maintainable nor it is within the prescribed period of limitation. On facts it is alleged that the applicant, as a result of exchange of hot words with his supervisor, had resigned on 4th December 1971 and collected all his dues in full and final settlement; that no grievance petition as required under the Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was submitted by the applicant; and further that since the application dated 12th January 1972 submitted by the applicant was in consequence of the declaration of the Governor of Sind, the applicant was not considered for re-instatement as having himself resigned from service, he could not take benefit of the said Governor's announcement. On these grounds, it has been prayed that the application is liable to be dismissed. The applicant has filed his own affidavit and in cross-examination produced his own receipt (Exh. R-l) of payments in full and final settlement consequent upon his resignation.
2. He has also produced his application dated 12th January 1972 which prays for re-instatement and payment of dues in accordance with the Governor's declaration and is by no means a grievance petition. The respondents' side has produced the evidence of Anis Karam Ali and K. A. Rehman in which the case of the respondents is fully supported. I have gone through the written arguments filed on behalf of the parties. Considering the legal objections first I find that there has been no grievance petition submitted by the applicant. This was a mandatory requirement under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders)
3. Ordinance, 1968 (as it then was). It provided for the enforcement of the right guaranteed under that law and not under section 34 of the Industrial Relations Ordinance. Therefore the point of A limitation also comes in the way of the applicant. Having been dismissed on 4th December 1971, he has filed this application on lst March 1972 and as such it is clearly out of the prescribed time limit. I accordingly up hold thel legal objections and find that this application under section 34 of the Industrial! Relations Ordinance is not legally maintainable. On facts it is clear that there was no grievance petition preferred by the applicant. Had he been really dismissed as alleged by him, he would have definitely run about preferring his grievance petition, instead of only relying upon the announcement of the Governor of Sind which incident occurred after the expiry of the limitation provided for the grievance petition. This conduct goes against the applicant and in its light I would accept the contention of the respondent that the receipt (Exh. R-l) was in consequence of resignation and full and final settlement of the applicants* dues. I accordingly find that the applicant cannot succeed and therefore would dismiss this petition.