| Case ID |
37921d99-8495-4fa9-b93d-c7a4df1bfae1 |
| Body |
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| Case Number |
Writ Petition No. 514/S of 1991 |
| Decision Date |
Apr 13, 1995 |
| Hearing Date |
Apr 11, 1995 |
| Decision |
The Lahore High Court allowed the writ petition filed by M/s. Associated Cement, Wah, thereby setting aside the order of reinstatement of the respondent issued by the Labour Court on 11-3-1991 and confirmed in appeal on 24-4-1991. The Court held that the application filed by the respondent was time-barred as the grievance notice was issued after the limitation period had expired. The Court emphasized that it is the duty of the Court to consider the issue of limitation even if it was not raised in the pleadings. Therefore, the reinstatement order was deemed illegal and void. |
| Summary |
In the case of M/s. Associated Cement, Wah v. Hassan Din and others, the Lahore High Court addressed critical issues surrounding employment reinstatement and the limitations imposed by the Industrial Relations Ordinance. The case revolved around the respondent's claim regarding his date of birth and subsequent retirement, leading to his reinstatement by the Labour Court. However, the High Court found that the grievance notice was filed beyond the stipulated three-month period following the employer's rejection of the respondent's request for a change in his birth entry. The Court underscored the importance of adhering to legal timelines, as established in the Limitation Act, asserting that the Court has an obligation to examine limitation issues irrespective of their mention in pleadings. The decision highlights essential principles within employment law and the critical nature of compliance with procedural requirements, ultimately reinforcing the necessity for timely grievances in labor relations. This ruling serves as a significant precedent for similar cases in the realm of labor rights and disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMAD SAEED AWAN, J
|
| Lawyers |
Tanvir Bashir Ansari,
Sardar Asmat Ullah Khan
|
| Petitioners |
M/s. Associated Cement, Wah
|
| Respondents |
HASSAN DIN and 2 others
|
| Citations |
1995 SLD 1352 = 1995 PLC 592
|
| Other Citations |
Muhammad Akram v. Aurangzeb and another 1989 CLC 1405,
Hakim Muhammad Buta and another v. Habib Ahmad and others PLD 1985 SC 153,
Inam Ahmad v. Pakistan Steel through G.M. 1993 PLC 148
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
25-A,
3
|