| Case ID |
319b4df8-5fff-4125-bc54-6f00132c295b |
| Body |
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| Case Number |
KAR-515 of 1995 |
| Decision Date |
Jan 29, 1996 |
| Hearing Date |
|
| Decision |
The appeal against the order of the Fifth Sindh Labour Court, Karachi, which dismissed the grievance petition of the appellant for reinstatement and back benefits, was upheld. The appellant, who was employed as a Steward at Karachi Gymkhana, was dismissed after a domestic inquiry found him guilty of misbehaving and insulting a female club member. Despite being aware of the charge-sheet and dismissal, the appellant refused to accept the dismissal letter sent via registered post. The Labour Court ruled that the grievance notice filed six months post-dismissal was time-barred as the refusal to accept the dismissal order constituted valid service of the order. Consequently, the grievance petition was dismissed as it was not maintainable under section 25-A of the I.R.O. The decision of the Labour Court was maintained, and the appeal was dismissed in limine. |
| Summary |
This case revolves around the dismissal of an employee, a Steward at Karachi Gymkhana, for alleged misbehavior. Following a domestic inquiry, the employee was dismissed, but he did not accept the dismissal letter. The Labour Court found that his refusal to accept the letter meant he was duly informed of his dismissal. Consequently, when he filed a grievance petition six months later, it was ruled as time-barred under section 25-A of the Industrial Relations Ordinance. The appeal against this ruling was dismissed, affirming the Labour Court's decision. This case highlights the importance of accepting official communications regarding employment status and the implications of delay in filing grievances. Keywords: employee dismissal, grievance petition, time-barred, Industrial Relations Ordinance. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Gymkhana
|
| Judges |
Mushtak Ali Kazi,
Tanveer Hussain
|
| Lawyers |
|
| Petitioners |
|
| Respondents |
Messrs Karachi Gymkhana through Secretary
|
| Citations |
1996 SLD 553,
1996 PLC 533
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|