| Case ID |
ffcb72ab-4d8b-4ea1-9519-752c0dfcfb67 |
| Body |
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| Case Number |
Appeal No. 12 of 1985 |
| Decision Date |
May 25, 1985 |
| Hearing Date |
May 08, 1985 |
| Decision |
The appeal filed by Haji Rahim Bakhsh was dismissed. The Labour Appellate Tribunal concluded that the grievance notice was a mandatory requirement as per section 25-A of the Industrial Relations Ordinance. The appellant failed to file the grievance notice within the stipulated time, and no application for condonation of delay was made. Therefore, the Presiding Officer's decision to dismiss the application as time-barred was upheld. The Tribunal emphasized that the grievance notice is a prerequisite for invoking the jurisdiction of the Labour Court. |
| Summary |
This case involves an appeal by Haji Rahim Bakhsh against the orders of the Presiding Officer III Labour Court, which dismissed his application for being time-barred. The Labour Appellate Tribunal of Balochistan heard the appeal. The key legal issue revolved around the mandatory nature of the grievance notice under Section 25-A of the Industrial Relations Ordinance (XXIII of 1969). Haji Rahim Bakhsh, who served as a Pipe Fitter in the Irrigation Department, Government of Baluchistan, claimed his entitlement to pensionary benefits after his retirement. However, his application was dismissed as he did not serve a valid grievance notice within the required time frame. The Tribunal upheld the Labour Court's decision, emphasizing that the grievance notice is a mandatory requirement for filing a grievance petition. This decision underscores the importance of adhering to procedural requirements in labor disputes. Keywords: Labour Appellate Tribunal, grievance notice, Industrial Relations Ordinance, pensionary benefits, procedural requirements. |
| Court |
Labour Appellate Tribunal
|
| Entities Involved |
Irrigation and Power Department,
Government of Baluchistan
|
| Judges |
MUFTAKHIRUDDIN
|
| Lawyers |
Dr. Abdur Rehman Brahvi,
S.M. Nazir Durrani,
Amirul Mulk Mengal
|
| Petitioners |
Haji Rahim Bakhsh
|
| Respondents |
Secretary to Government of Baluchistan, Irrigation and Power Department
|
| Citations |
1985 SLD 2348,
1985 PLC 1077
|
| Other Citations |
Pakistan National Centre through its Chairman v. Presiding Officer, Punjab Labour Court PLD 1976 Lah. 1085,
Karachi Development Authority v. Presiding Officer II Sind Labour Court, Karachi and 2 others PLD 1975 Kar. 716,
Karachi Shipyards and Engineering Works Karachi v. II Sind Labour Court PLD 1975 Kar. 719
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|