1977 PLP 306 (PLC)

Appeal No. 354 of 1974, decided on 26th June 1975. Industrial Relations Ordinance (XXIII of 1969)‑‑

Ss. 25‑A & 36‑D‑Limitation‑Petition rejected by Junior Labour Court without reference to basic pleas adduced to support prayer for condonation‑Order of Junior Labour Court in circumstances, set aside and case remanded for redecision in light of proper evidence on point of limitation. Yad Ullah Sheikh for Appellant. Riaz Hussain, Labour Inspector for Respondents. DECASION This is an appeal against the order dated 18th November 1974 of the learned Junior Labour Court, Multan dismissing the petition of Sirajud‑Din Ahmad, appellant under section 25‑A of the Industrial Relations Ordinance, 1969, on the preliminary point of limitation. The appeal is acceptable on the short ground that the learned Presiding Officer passing the impugned order did not refer to the basic pleas made out in the petition for meeting the objection of limitation. According to the case of the appellant he did not submit a clear resignation to the Management and that it was conditional on the acceptance of his plea for transfer to a suitable place instead of arbitrary posting against his condition of service. It is maintained on behalf of the respondent Management that the resignation of the appellant was accepted vide letter dated 25th October, 1969. Here as the said letter addressed to the appellant is neither signed by the appointing authority nor does it contain an unconditional acceptance of the resignation. This letter contained allegations of misconduct against the appellant that he was interested in running his private business in Multan and had, therefore avoided the compliance of his transfer order to Havelian No original order under the signature of the Secretary to the W. P. I. D. C. is available on the departmental file. One M. Maujud issued the said letter and signed the same for Secretary W. P. I. D. C. In the absence of any original order by the Secretary, it is to be seen whether the letter, dated 25th October, 1969 had any legal sanction behind it apart from the fact that allegations of misconduct made in the same letter against the appellant were admittedly not made a subject of enquiry in terminating service of the appellant. The appellant protested against the termination of the services vide his letter dated 29th October, 1969 addressed to the Secretary W. P. I. D. C. in which he refuted the charges made against him in letter dated 25th October, 1969. No enquiry was made in this behalf and the respondent contended itself with the reply dated 3rd November, 1969 by which the appellant is said to have been informed about the acceptance of his resignation without going into the defence of the appellant about the charge made against him regarding conduct of private business. This letter dated 3rd November, 1969 is not admitted by the appellant to have been received by him nor the delivery thereof was otherwise made a subject of evidence in the learned lower Court. Before rejecting the petition under sec tion 25‑A of Industrial Relations Ordinance, 1969, it was necessary to go into the relevant point raised on behalf of the parties to come to a definite finding whether a competent order of termination of services of the appellant was made and that limitation period ran against the appellant. It was also to be ascertained whether the representation and appeals made to the Chairman of the W. P. I. D. C. by the appellant were duly replied after suitable hearing. In the absence of any such hearing it was to be precisely found out whether the appellant was himself responsible for laches bringing his cause to the learned lower Court. A number of pleas have been raised in the original petition for the condonation of delay which have not at all been touched :.. the impugned order which is too short to contain a comprehensive finding on the point of limitation. The case is, therefore, remanded to the learned Lower Court for re‑decision in the light of proper evidence to be recorded on the point of limitation. The parties are bound down to appear in the learned lower Court on 5th July 1975.