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Appeal No. KAR‑258 of 1981, decided on 18th May, 1981,

‑‑‑ S. 25‑A‑Grievance petition‑Limitation When to start. It was argued before Labour Appellate Tribunal that the limitation of 2 months within which a grievance petition could be filed before a Labour Court under section 25‑A of Industrial Relations Ordinance, 1969 was to commence from the date of receipt of reply of employer to the grievance notice from the workman

Held: The requirement of law according to section 25‑A of the Industrial Relations Ordinance, 1969 is that a workman whose right which is secured or guaranteed to him under any law, award or settlement, is infringed, may bring his grievance in respect of such infringement to the notice of his employer within 3 months of the date on which the grievance arose. In other words, the grievance notice must be received by the employer within 3 months of the grievance having arisen. If the reply of the employer had been given within 15 days of the receipt of the grie vance notice. the limitation of 2 months within which the grievance petition could be filed, would start from the date of the receipt of the reply by the workman. But in cases where the reply to the grievance notice is given by the employer after the expiry of the period of 15 days from the receipt of the grievance notice, the period of limitation of 2 months would commence immediately upon the expiry of 15 days period, which has been given by the law to the employer to make a reply to the workman.

Mahmood Ibrahim Bajwa for Appellant.

Date of hearing: 18^thMay, 1981.

The appellant, who wag employed as a weaver in the respondent Company, was served with 2 charge‑sheets, one dated 7th May, 1980, alleging that he had remained absent without leave for a period exceeding 10 days with effect from 26th April, 1980, and the other dated 18th June, 1980, charging him for riotous and disorderly behavior and attempting to assault the Deputy Weaving Master, Abdul Sattar. It appears that 2 separate domestic enquiries, one in respect of each charge‑sheet, were instituted by the respondent‑Company, and as the appellant was found guilty on both the charge‑sheets, 2 separate dismissal orders, both dated 24^thAugust, 1980, were issued by the Management and served upon the appellant. The appellant challenged the 2 orders of dismissal by way of a consolidated grievance petition, which was filed on 23rd November, 1980. This grievance petition has been dismissed by the learned Labour court on the ground that it 4 barred by limitation.

2. The‑requirement of law is that a workman whose right which is secured or guaranteed to him under any law, award or settlement, is infringed, may bring his grievance in respect of such infringement to the notice of his employer within 3 months of the date on which the grie vance arose. In other words, the grievance notice must be received b

the employer within 3 months of the grievance having arisen. I accord ingly asked Mr. Ibrahim Bajwa, the learned counsel for the appellant, as to whether the grievance notice was received by the respondent‑Company on the day on which it was issued, i. e. 31st August, 1980. He conceded that it was received by the employer on the said date. As such, the grievance petition had to be filed before 15th November, 1980. However, it was admittedly filed on 23rd November, 1980. As such, the grievance petition was clearly time barred. It was sought to be argued by Mr. Muhammad Ibrahim Bajwa that as the reply of the respondent‑Company to the appellant's grievance notice is dated 27th September, 1980, there fore, the period of 2 months, within which the grievance petition is to be filed by the workman, should be computed from the date of the receipt by the workman of the reply of the employer or at least the date of the reply. I regret that I see no force in this contention. If the reply of the I respondent‑Company had been given within 15 days of the receipt of the l grievance notice, the limitation of 2 months within which the grievance le petition could be filed, would start from the date of the receipt of the reply by the workman. But in cases where the reply to the grievance notice is given by the employer after the expiry of the period of 15 days; from the receipt of the grievance notice, the period of limitation of 2 months would commence, as in the instant case, immediately upon the expiry of 15 days period, which has been given by the law to the employer to make a reply to the workman.

3 Since admittedly the grievance petition was filed by the appellant more than 21 months after the service by him of the grievance notice to the respondent‑Company, the grievance petition is clearly time‑barred. I would accordingly dismiss this appeal in limine,

Appeal dismissed,

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