| Case ID |
04a76d9e-f7a6-49b1-90a1-0753c4fa796a |
| Body |
View case body. Login to View |
| Case Number |
SUK-283 of 1988 |
| Decision Date |
Dec 21, 1988 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the grievance petition was time-barred. The appellant argued that his seniority should have been fixed from an earlier date, but the court found that the representations made were beyond the allowable time frame for filing an appeal as stipulated in the departmental rules. The Labour Court had rightfully dismissed the grievance petition as it was filed more than ten years after the initial order regarding seniority was made. The court noted that the right to file a grievance petition arose only after the final reply was received, but this did not affect the time limitations imposed by the relevant laws. Thus, the appeal could not succeed as the grievance petition was not filed within the prescribed period. |
| Summary |
This case revolves around an appeal made by Syed Ghulam Bari Shah against the decision of the Sind Labour Court regarding the fixation of his seniority in Pakistan Railways. The appellant contended that his seniority should have been recognized from 1954 instead of 1960. However, the Labour Appellate Tribunal dismissed the appeal on the basis that the grievance petition was time-barred, as it was filed ten years after the relevant order. The decision emphasized the importance of adhering to the limitation period set forth in the Industrial Relations Ordinance, which clearly delineates the timeframe for filing appeals. This case highlights the significance of timely actions in legal proceedings and the consequences of delays. As such, it serves as a critical reference for understanding procedural compliance in labour disputes. Keywords such as 'Labour Appellate Tribunal', 'seniority fixation', 'time-barred grievances', 'Industrial Relations Ordinance', and 'Pakistan Railways' are essential for legal practitioners and scholars to consider when addressing similar cases. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Railways
|
| Judges |
AHMED ALI U. QURESHI,
Syed GHULAM BARI SHAH
|
| Lawyers |
Shaikh Fazal Din,
Shabbir Ahmed Awan
|
| Petitioners |
Syed GHULAM BARI SHAH
|
| Respondents |
2 others,
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR
|
| Citations |
1989 SLD 1925,
1989 PLC 787
|
| Other Citations |
1981 PLC 915,
PLD 1964 SC 520
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|