1993 PLP 148 (PLC)
INAM AHMED Versus PAKISTAN STEEL through General Manager, Pakistan Steel
| Citation | 1993 PLP 148 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Agha Ali Hyder, Appellate Tribunal |
| Parties | INAM AHMED Versus PAKISTAN STEEL through General Manager, Pakistan Steel |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 148 (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 1993 PLP 148 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Agha Ali Hyder, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 148 (PLC) (INAM AHMED Versus PAKISTAN STEEL through General Manager, Pakistan Steel). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehmood Habibullah for Appellant.
- Zahid Hamid for Respondents.
- Date of hearing: 9th August, 1992.
Headnotes / Summary
‑‑‑‑S. 25‑A‑‑‑Grievance petition, maintainability of‑‑‑Earlier request of employee with regard to change of his date of birth in his service record was turned down by employer and employee after some time despatched another letter on the same subject‑‑‑Employer replied to second letter of employee that his request could not be acceded to as matter had been concluded by earlier reply of employer‑‑Employee filing grievance petition beyond period permissible under the law contending that time was to be computed from receipt of second reply of employer‑‑‑Contention of employee was absolutely untenable as fresh cause of action would not accrue by a repetition of application at a later date‑‑‑Grievance petition was rightly being barred by time.
Judgment & Decree
Mehmood Habibullah for Appellant. Zahid Hamid for Respondents. Date of hearing: 9th August, 1992. The appellant, on migration from India, joined the Railway Department and after having resigned from there took employment with the respondent‑Mill on 21‑12‑1980 as a Wagon Inspector. He had given his date of birth with both the appointing authorities as 25‑1‑1932.
2. In November, 1990, he addressed a letter to the respondents requesting that the entry pertaining .to the date of birth be changed to 19‑11‑1937. In support of his request he had referred to certain documentary evidence, which had of late, been made available to him. The request cache to be turned down on 21‑2‑1991. After some time he despatched another letter on the same subject. The reply, dated 4‑9‑1991, was to the effect that the request could not be acceded to, as the matter stood concluded by the earlier reply.
3. After settling the preliminaries the appellant had filed a petition before the Labour Court accompanied by an application under Order XXXIX, Rules 1 and
2. The petition was resisted, inter alia, on the ground that it was time‑barred. This contention prevailed with the Labour Court at the time of the hearing of Injunction Application and the petition had been dismissed on that score.
4. It is not disputed that the request had been turned down on 21‑2‑1991. Obviously the petition was filed beyond the period permissible under the law. The contention of the appellant is that it has to be computed from the receipt of the second reply.
5. This contention is absolutely untenable as a fresh cause of action would not accrue by a repetition of an application at a later date. However, Mr. Zahid Hamid, learned counsel for the respondents argued that even if the later reply dated 4‑9‑1991, were to be taken into consideration, the petition would be beyond time as it exceeded the period of two and half months.
6. The worth of the petition apart, it suffers from the bar of limitation. No fault therefore can be found with the order passed by the learned Labour Court. The appeal is, therefore, dismissed. H.B.T./2076/Lb.S Appeal dismissed.