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1996 PLC 556

MUHAMMAD FAHIM and 22 others vs M/s. A & B BEVERAGE (PVT.) LTD.,

Citation1996 PLC 556
CourtLabour Appellate Tribunal
Case No.Appeals Nos. KAR-481 to KAR-503 of 1995
Date1996-01-23
Judge(s)Mushtaq Ali Kazi
ResultAppeals dismissed

DECISION ' These are 23 separate appeals against the orders on grievance 'applications under section 25-A of the I.R.O. Passed by the learned Labour Court No,3, Karachi dismissing the applications as being time-barred. The services of the appellants were terminated by an order dated 27-11-1994. This termination order was passed after getting permission under section 11-A of the Ordinance from Third Sindh Labour Court, Karachi to close down the Seven Up Beverages Unit situated at SITE, Karachi. The appellants challenged the order of termination but the respondents company in reply dated 9-3-1995 failed to redress their grievances. The appellants then preferred grievance petitions before the Labour Court on 25-5-1995. Applications were also filed to condone the delay as the period of limitation under section 25-A of the I.R.O. Had expired on 7-5-1995 and the grievance petitions were filed late by 17 days on 25-5-1995. The reasons for condonation of delay were identical in all the grievance petitions and this delay of 17 days was explained as being due to disturbance and tension in the city and apprehension of clash between various sects or political groups. At no period in the city was the condition so bad as to prevent the applicants or their advocates from attending the Labour Court to file the petitions, the apprehension was vague. The movement of the residents had not been stopped nor was there any curfew and the. Courts had not closed. The learned Labour Court has rightly pointed out that each day's delay has to be explained and all the 23 workers could not have remained confined in their residences for a continuous period of 17 days. The grievance petitions were accordingly dismissed as being time- barred.

2. The order of the Labour Court is thus reasonable and proper and I cannot find any ground for interference. The orders of the Labour Court are therefore maintained and these 23 separate appeals are dismissed in limine.

Cited by 1 case

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