1. ' This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969 filed by the worker against the employer.
2. ' I have heard Mr. Guncha Gul, Advocate for the appellant and Mr. Sharif Malik, Advocate for the respondent.
3. ' The sole point agitated before me by the learned counsel for the parties is that of limitation. It is contended by the learned counsel for the appellant that the learned trial Court proceeded to decide the question of limitation without giving any opportunity to adduce evidence in the matter.
4. The factum of the absence of recording evidence is not disputed by the learned counsel for the respondent. In the facts and the circumstances of the case it appears that the question of limitation is a mixed question of fact and law both. I feel that the parties in the case should have been allowed the opportunity to adduce evidence in the light of section 25-A(1) of I.R.O., 1969 to prove that the grievance was brought to the notice of the employer within three months from the day of the accrual of the cause of action, or not.
5. ' By consent, therefore, the impugned order, dated 15-4-1998 passed by the learned Labour Court is set aside and the case is remanded to the learned Labour Court to record evidence which the parties desire to produce on the point of limitation only.
6. ' Learned counsel for the appellant further submitted that the letter said to be grievance notice was posted from S.I.T.E. Post Office on 12-8-1997 addressed to the respondent.
7. ' Learned Labour Court may, therefore, call the postal authority of the concerned Post Office as court-witness to produce the relevant record on the point of delivery of the said letter to the respondent.
8. ' It is, however, clarified that in case the learned Labour Court comes to the conclusion that the grievance was not brought within time stipulated in section 25-A(1) of I.R.O., 1969 the matter will end there. But, if it comes to the conclusion that the grievance was brought to the notice of the employer within the time fixed by law it will them proceed to record evidence on merits of the case.
9. ' By consent the parties will appear before the learned Labour Court on 26-1-1999.