| Case ID |
177bc42b-94ca-42d7-988b-efc659d3728c |
| Body |
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| Case Number |
MN-29 of 1987 |
| Decision Date |
Feb 25, 1987 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order of the Labour Court was set aside. The grievance petition was dismissed on the grounds that the grievance notice was time-barred. The court held that the cause of grievance arose on the date of removal from service, which was on 7-2-1981, not from the date of acquittal by the Criminal Court. The grievance notice served in 1985 was deemed invalid due to the delay in filing it, which was over four years after the termination. |
| Summary |
This case revolves around the termination of an employee, Mahmoodul Hasan, from the Punjab Agricultural Development and Supplies Corporation due to alleged misconduct linked to criminal charges. The Labour Court initially ruled in favor of the employee, ordering reinstatement. However, upon appeal, the Labour Appellate Tribunal found that the grievance notice submitted was significantly delayed and therefore time-barred. The Tribunal clarified that the time limit for filing a grievance begins from the termination date, not from subsequent acquittals in criminal cases. This ruling emphasizes the importance of timely grievance filing in labor disputes and examines the legal implications of notification delivery through registered post, establishing a presumption of receipt unless proven otherwise. Key terms include 'grievance notice', 'termination', 'Industrial Relations Ordinance', and 'Labour Court', which are crucial for understanding labor law and employee rights in Pakistan. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Agricultural Development and Supplies Corporation, Multan
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Syed Iqbal Ahmad Gillani,
Arshad Ali Qureshi
|
| Petitioners |
Regional Manager, Punjab Agricultural Development and Supplies Corporation, Multan
|
| Respondents |
Mahmoodul Hasan
|
| Citations |
1988 SLD 570,
1988 PLC 277
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|