DECISION ' This appeal arises from the order of the Labour Court No, IV, Karachi, whereby the grievance petition of the appellant under section 25-A of the I.R.O., 1969 was dismissed on the ground that it was not maintainable.
2. The facts of the case in brief are that the appellant loader in P.IA. Alongwith a co-accused were on duty on P.IA. Flight from Islamabad to Karachi on 17-12-1988. As a result of some information 1,500 Tolas of contraband gold were recovered by the Customs from the Toilet Room of the Plane.
The case was investigated by the Customs and after 2 months the appellant and one Nazeer Ahmed loader were both arrested while the third accused Riaz who was Incharge of the P.IA.
Kitchen absconded. Both, the appellant and Nazeer Ahmad were sent up for trial in the Court of the Customs Judge. Meanwhile on 17-7-1989 the appellant was given notice of removal by the P.IA.
After hearing him personally he was removed from service with effect from 6-8-1989. The appellant did not give any grievance notice to the P.IA. On account of his removal from service. He waited for the result of the trial. On 8th of May, 1993 the appellant was acquitted by the Customs Judge.
3. At the time of this recovery of gold the P.I.A. Employees were considered as civil servants and the Standing Orders Ordinance and the I.R.O. Had no application to their case. The appellant therefore preferred an appeal before the Federal Service Tribunal. His appeal was dismissed as time-barred on 2-7-1992. The appellant then filed a petition under section 25-A of the I.R.O. Before the Sindh Labour Court No, IV at Karachi as by that time the Labour Laws were made applicable to employees of the P.IA.
4. The learned Labour Court found that the petition had been filed three years after the removal of the appellant and no grievance notice had been served by the appellant on the P.IA. Within the period of limitation after his removal from service. But Labour Court also came to the conclusion that the appeal of the appellant before the Federal Service Tribunal had already been heard and dismissed. That the appellant had therefore no cause of action before the Labour Court and his grievance petition under section 25-A was therefore not maintainable.
5. These facts are more or less admitted by the parties and I can find no ground for interference with the decision of the Labour Court. There is no substance in this appeal which is accordingly dismissed and the order of Labour Court is maintained.