1996 PLP 261 (PLC)
SARWAR SHAH Versus Messrs B.P. INDUSTRIES (PVT.) LTD., KARACHI and another
| Citation | 1996 PLP 261 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | SARWAR SHAH Versus Messrs B.P. INDUSTRIES (PVT.) LTD., KARACHI and another |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1996 PLP 261 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 261 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtak Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 261 (PLC) (SARWAR SHAH Versus Messrs B.P. INDUSTRIES (PVT.) LTD., KARACHI and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khadim Hussain for Appellant.
- Mahboob Rizvi for Respondents.
- Date of hearing: 13th December, 1995.
Headnotes / Summary
S. 25-A
Grievance petition filed by employee against dismissal of his services was dismissed being barred by order of dismissal of petition which was communicated to employee by post at his wrong address, reached after more than one month from date it was passed by employer
Time, thus, would not run from dare on which order of dismiss of employee was passed, but from date of communication of that order
Grievance notice having been sent to employer by employee one month and nine days from date of communication of dismissal order to him, grievance petition filed by employee after two months and five days from sending grievance notice to employer, was not barred by time.
Judgment & Decree
‑‑‑S. 25‑A‑‑‑Grievance petition‑‑‑Limitation‑‑‑Grievance petition filed by employee against dismissal of his services was dismissed being barred by order of dismissal of petition which was communicated to employee by post at his wrong address, reached after more than one month from date it was passed by employer‑‑‑Time, thus, would not run from dare on which order of dismiss of employee was passed, but from date of communication of that order‑‑‑Grievance notice having been sent to employer by employee one month and nine days from date of communication of dismissal order to him, grievance petition filed by employee after two months and five days from sending grievance notice to employer, was not barred by time. Khadim Hussain for Appellant. Mahboob Rizvi for Respondents. Date of hearing: 13th December, 1995. 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 12‑3 1994 and the order of dismissal was communicated by post on the wrong address. His address was "Jhuggi No. 357, Reti Line, karat Colony Off Queens Road, Karachi but the address on which the enter 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. H.B.T./20/Lb.S Order accordingly.