| Case ID |
d5fcef8c-35a5-4537-9231-ad5083d3b9a3 |
| Body |
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| Case Number |
KAR-83 of 1995 |
| Decision Date |
Mar 26, 1995 |
| Hearing Date |
Mar 26, 1995 |
| Decision |
The appeal was dismissed in limine as the grievance petition was rightly dismissed by the Labour Court for being time-barred. The appellant, who was a permanent employee, had his services terminated without any enquiry during a period of mental illness. Although the grievance petition was time-barred, the court recognized the appellant's entitlement to notice pay, gratuity, and other dues due to the circumstances of his termination. The appellant was advised that if the employer failed to pay these dues, he could file a petition under the Payment of Wages Act. The decision emphasized the need for the employer to fulfill its obligations without causing further mental distress to the appellant. |
| Summary |
This case revolves around the grievance petition of an employee who was terminated while suffering from mental illness. The key issue was the maintainability of the grievance petition filed after a significant delay, which the court ruled as time-barred. The Labour Appellate Tribunal acknowledged the appellant's right to receive his dues despite the dismissal of the grievance petition due to the circumstances of his mental health and the nature of his employment termination. This case highlights the legal protections afforded to employees under the Industrial Relations Ordinance, particularly in situations involving mental health and the obligations of employers to provide necessary compensation. It emphasizes the importance of timely action in legal proceedings while also recognizing the unique challenges faced by individuals with mental health issues. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Railways
|
| Judges |
MUSHTAK ALI KAZI,
MUHAMMAD YUSUF
|
| Lawyers |
MA. Hassan Malik
|
| Petitioners |
MUSHTAK ALI KAZI
|
| Respondents |
PAKISTAN RAILWAYS, KARACHI through Divisional Superintendent
|
| Citations |
1995 SLD 1300,
1995 PLC 516
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|