| Case ID |
2b1eee13-57f5-4478-8de0-8ddb8cfe81db |
| Body |
View case body. Login to View |
| Case Number |
58 of 1979 |
| Decision Date |
Jan 28, 1980 |
| Hearing Date |
Jul 03, 1979 |
| Decision |
The case revolves around a grievance petition filed by Muhammad Hussain against his dismissal by the General Manager of the Government Transport Service. The petitioner contended that his dismissal was unjust and sought reinstatement with full pay and allowances. However, the court found that the petition was filed one day after the expiry of the prescribed limitation period of 2 months and 15 days after the service of the grievance notice. The court emphasized that no application for condonation of delay was submitted, leading to the dismissal of the petition as time-barred. Thus, the petitioner's request for reinstatement and relief was denied, confirming the dismissal order. |
| Summary |
In the case of Muhammad Hussain vs. General Manager, O. T. S. N.W.F.P., the Labour Appellate Tribunal addressed key issues regarding the limitation period for filing a grievance petition under the Industrial Relations Ordinance (XXIII of 1969). The case highlights the importance of adhering to statutory time limits in legal proceedings. The decision underscores the necessity for petitioners to be vigilant about filing timelines to avoid dismissals on technical grounds. This case serves as a crucial reminder for employees and advocates alike regarding the procedural aspects of grievance petitions. It emphasizes the need for timely actions and the implications of delays in seeking legal recourse. The ruling reaffirms the legal principle that failure to comply with established time frames can result in the loss of rights to challenge adverse decisions, thus stressing the importance of legal representation in navigating complex employment laws. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Government Transport Service, Peshawar
|
| Judges |
Qazi Hamid-ud-Din
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Hussain
|
| Respondents |
General Manager, O. T. S. N.W.F.P.
|
| Citations |
1982 SLD 1698,
1982 PLC 1057
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A (2),
25-A (4)
|