2008 PLP 12 (PLC)

NADEEM AZHAR SIDDIQI, J.

This appeal has been preferred against the order, dated 4-10-2006 passed by the Sindh Labour Court-VII, Sukkur dismissing the grievance petition filed by the appellant under section 46 of the Industrial Relations Ordinance, 2002. In short the facts of the ease are that the appellant was appointed on temporary assignment on 20-12-1994 and in some times October, 1997 his services were terminated with effect from 31-10-1997. The appellant challenged the termination before the Federal Service Tribunal. During the pendency of the petition before the Service Tribunal the Honourable Supreme Court pronounced judgment in Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC

602. After the pronouncement of the Honourable Supreme Court, the appeal filed by the appellant was abated vide letter dated 30-6-2006 issued by the Federal Service Tribunal, Karachi. The appellant then served grievance notice, dated 21-9-2006 upon the respondents and filed the grievance petition before the Labour Court on 29-9-2006. The learned trial Court has dismissed the said application on two grounds namely the application is premature as the applicant after serving of the grievance notice has not waited for 15 days and has filed the petition before expiry of 15 days. The learned trial Court has further held that limitation of 90 days for approaching proper forum was fixed by Honourable Supreme Court, therefore, even after expiry of 15 days, if appellant again approach to the Labour Court then too his grievance application would be time-barred. Learned counsel for the appellant has submitted that the grievance notice was given within time allowed by Honourable Supreme Court and there is no bar in approaching the Court before the expiry of 15 days as provided under subsection (2) of section 46 of the I. R.O. 2002. He further submits that the only condition precedent for approaching the Labour Court is service of grievance notice upon employer. He further submits that the learned trial Court without properly appreciating the pronouncement of the Honourable Supreme Court has passed an erroneous order. The learned counsel has relied upon the following cases:-- (1) Managing Director, Oil and Gas Development Company Ltd. v. Syed Najmul Hassan Naqvi 2002 PLC (C.S.) 896 and (2) Pakistan National Centre through its Chairman v. Presiding Officer, Punjab Labour Court No.2, Lahore and another PLD 1976 Lah. 1085. The learned counsel for the respondents has submitted that the learned trial Court has passed a proper and speaking order and has rightly concluded that the application is premature and has referred to subsection (2) of section 46 of I.R.O. 2002. He submits that no grievance petition can be filed unless after service of grievance notice 15 days time was expired. He further submits that the learned Labour Court was right in holding that the application was premature. I have heard learned counsel for the parties and perused the record. It is an admitted position that the appellant was terminated in some time October, 1997 and he approached the Federal Service Tribunal and in view of the pronouncement of the Honourable Supreme Court in Muhammad Mubeen-us-Salam's case, his appeal stands abated. The Honourable Supreme Court in sub-para.(c) of para.109 of the judgment has held as under:-- "(c) The case or proceedings which are not protected or covered by this judgment shall be deemed to have abated and the aggrieved person may approach the competent forums for redressal of his grievances within a period of 90 days and the bar of limitation provided by the respective laws, shall not operate against them till the expiry of stipulated period." The Honourable Supreme Court while directing the abatement of the proceedings not covered by the judgment has allowed 90 days' time to the affected, person to approach the proper forum. The limitation provided under section 46 is not applicable in view of the pronouncement of the Honourable Supreme Court and the appellant can approach the proper Court within 90 days. The contention of the learned Advocate for the appellant that the only pre-condition was to serve a grievance notice appears to be correct. Since the appellant has approached the Court, within 90 days as permitted by the Honourable Supreme Court his grievance petition cannot be rejected on this technical ground that he has approached the Court without expiry of 15 days. The learned trial Court was not correct in holding that application was premature. In view of the above I set aside the order, dated 4-10-2006 passed by the learned Labour Court No.VII, Sukkur and remand the case for trial in accordance with law. H.B.T./M-148/K Order accordingly.