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Appeal No. SKR-142 of 1969, heard on ]5th April 1969.
----S. 38 read it with S. 11(2)-Delay-Application under S. 38 filed after 22 months of dismissal order-Applicant's contention that he remained waiting result of his appeal to Management-Management's denial thereof not substantiated-Objection, as to delayed application, under S. 11(2) held, rightly rejected by Industrial Court.
Sirajul Haq Qureshi for Appellant.
Wasiullah Qureshi for Respondent.
Date of hearing: 15th April 1969.
This is an appeal under section 16 of the West Pakistan Industrial Disputes Ordinance, 1968, hereinafter called the Ordinance. The appeal is directed against an order dated the 8th of February 1969, passed on an application under section 11(2) of the Ordinance. The contention was that the application under section 38 of the Ordinance was belated one. The appellant was dismissed on 28th of August 1966, and the application under section 38 was filed on 27th June 1968. The Industrial Court, came to the conclusion that there was nothing on record before him to show as to when the appellant filed the appeal before the Traffic Manager. The case of the respondent was that he had been waiting for the result of the appeal but as the appeal was not decided he was forced to make an application under section 38 of the Ordinance. The learned Industrial Court accepted the contention of the respondent that the delay in making the application under section 38 has been satisfactorily explained.
Mr. Sirajul Haq Qureshi, learned Representative for the appellant contended that the respondent had filed an appeal on 25th May 1967. There is nothing before mean the record to substantiate this contention. It was for the Department to have produced the Memorandum of Appeal filed by the appellant on 25th of May 1967. In the absence of anything on record of this case to establish the contention of the learned Representative of the appellant, I see no reason to set aside the order of the learned industrial Court.
The appeal is dismissed.
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