' This is an appeal, filed under section 37(3) of the Industrial Relations Ordinance, 1969, against the order passed on 23-6-1999 by the learned Labour Court No,VII at Sukkur, on an application under section 25-A(10) of the I.R.O., 1959, filed by thirteen workers, who are appellants herein, whose application was dismissed on the sole ground that the grievance notice, given to the respondent, was time-barred.
2. Heard Mr. Shafiq Qureshi, learned counsel for the appellants. The letter of termination dated 21-6- 1998, filed by the appellant, appears at page 17 of the appeal file, which reads as under:-{{URDU TEXT}}
3. A perusal of the above letter shows that Messrs Al-Sajid & Company (respondent No,2) were the contractors of. Engro Chemical Pakistan (respondent No,1) and these appellants were on the pay- roll of the said contractors. The termination letter, as admitted by the learned counsel, appears to have been issued under Standing Order 12(1) of the Standing Orders Ordinance, 1968 with payment of one months' pay in lieu of notice.
4. Being aggrieved of the said order of termination, the appellants gave grievance notice, dated 3rd October, 1998, which appears to have been given, admittedly, after a period of three months, as provided under section 25-A(1) of the I.R.O., 1969, which is mandatory for seeking relief of reinstatement:
5. Mr. Shafiq Qureshi submits that the employer, the respondent No,2, simultaneously with the termination of the employment of appellants, also filed an application under Standing Orders Ordinance, 1968, which is still pending before the learned Labour Court at Sukkur and the time for termination of the employment of the workers will start only after the said application is disposed of. It will be unfair on my part to make any observation on a matter, pending before the learned Labour Court.
6. At the moment, I am concerned whether the grievance notice, given to the employer, respondent No,2, was within the statutory period, provided in law or not? The learned Labour Court has given a clear finding in the order, impugned before me, that the grievance notice, dated 3rd October, 1998, was time-barred, which position, on the factual plain, is not disputed by the learned counsel.
7. I have no reason to take a different view, expressed by the learned Labour Court, in its order, impugned before me, that the grievance notice is time-barred.
8. During the course of dictating the judgment, Mr. Shafiq Qureshi, raised a plea that Standing Order 12(3) does not give any time limit for filing application before the learned Labour Court. I find no substance in the submission. It is the provision of section 25-A(1) of the Industrial Relations Ordinance, 1969, which governs the field in the matter.
9. In view of the above, the appeal is, therefore, dismissed in limine.