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1996 PLC 261

SARWAR SHAH vs Messrs B.P. INDUSTRIES (PVT.) LTD., KARACHI and another

Citation1996 PLC 261
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-59 of 1995
Date1995-12-13
Judge(s)Mushtaq Ali Kazi
ResultN/A

DECISION ' The facts of this case are more or less admitted. The appellant who was a permanent workman of the respondent company fell ill on 12-2-1994. He sent his application for grant of medical leave through his son to the concerned authorities. He reported for duty alongwith Medical Certificate on 28-3-1994 but he was not allowed to join his duty. He was dismissed from service on 12-31994 and the order of dismissal was communicated by post on the wrong address. His address was "Jhuggi No, 357, Reti Line, Hijrat Colony Off Queens Road, Karachi but the address on which the order of dismissal was communicated was Queens Road, Karachi. Ultimately the letter sent on correct address with House No, 398, Gali No, 18, Sector 2-D, Hajrat Colony, Karachi reached the appellant on 17-4-1994. Time runs not from the date on which the order of dismissal was passed but from the date of the communication of that order. The grievance notice was sent on 26-5-1994 and the grievance petition was filed on 31-7-1994. The petition was not, therefore, time-barred as held by the learned Labour Court.

2. The order of the Labour Court is accordingly set aside and the case is remanded to the Labour Court for being heard on merits after recording evidence and deciding the issues on the evidence so recorded. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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