' This appeal arises out of a decision dated 22-2-1999 passed in Grievance Petition No,2 of 1998 under Standing Order 12(3) of the Ordinance VI of 1968 read with section 25-A of I.R.O. 1969 dismissing the grievance petition of the appellant on the point of imitation only.
2. I have heard the learned counsel for the parties and have perused the decision and also record and proceedings of the case.
3. The service of the appellant was terminated on 1-10-1997. Notice of grievance dated 14-10-1997 was given to the respondent which was admittedly received by him on 16-10-1997. The appellant ought to have filed the Application latest by 31st December, 1997 but the same was filed on 9th January 1998, hence it was filed beyond time prescribed by law.
4. The appellant, therefore, filed an application for condonation of delay before the learned Labour Court. The learned Labour Court dismissed the said application for condonation of delay and grievance application was held to be time-barred which was dismissed accordingly.
5. Mr. Rafiullah submits that the appellant was suffering from gastro interitis desease and remained under treatment of Dr. Syed Majid Ali who also issued a certificate to that effect. He filed an application for condonation of delay alongwith affidavit in support of the same.
6. Mr. Rafiullah submits that the Doctor has clearly stated in his evidence that the appellant was under his treatment during the period 27-1-1997 to 6-1-1998 and that he was suffering from the gastro interitis. In cross-examination it was stated by him on oath that the appellant was not able to walk without support. The learned Presiding Officer, however, observed that if the appellant could go to the clinic he could as well go to his Advocate and come to the Labour Court to file the petition. It is submitted that the learned Labour Court ignored the fact that the Doctor and the appellant were both living in the same vicinity i,e, New Karachi whereas Office of the Advocate is located as submitted by Mr. Rafiullah at Noor Chamber near City Court Kararchi. Mr. Rafiullah further submits that the last date for filing the grievance petition was 31st December, 1997 but the Court was closed for inter Vacation which remained closed up to 3rd January, 1998. The 4th January, 1998 being Sunday he should, therefore, file the petition on the first re-opening day of the Court which was 5th January, 1998. The grievance petition was presented on 8th January, 1998 and there was a delay of about 2/3 days in filing the petition, in fact, the appellant approached the counsel on 6th of January, 1998 for the purpose of preparing the grievance petition. He took 2 days to prepare the same and present the petition in the Labour Court on 8th January, 1998.
8. I think the delay has been sufficiently explained and as such the finding of the learned Labour Court is reversed and the delay in filing the application stands condoned. The impugned order on the point of limitation is, therefore, set aside and the appeal is allowed. The case is remanded to the Labour Court for trial and decision on other issues. The parties are directed to appear on 15th October, 1999 before the learned Labour Court.