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Appeal No. GA‑307 of 1982, decided on 23rd October, 1983.

‑‑ S. 25‑A‑Grievance notice against termination of service‑Limita tion‑Starts from date of service of termination order‑Seasonal worker at close of season informed that his services will not be required for next season‑‑Limitation for grievance notice, in circumstances, held, would start from date he was informed of not being required for next season and not from date of refusal service at time of start of next season‑Notice served much after 3 months of receipt of information‑Time‑barred‑Grievance petition based upon such notice‑Incompetent.

Nemo for Appellant,

Saleem Bais for Respondent.

Date of hearing ; 19th October, 1983.

The decision, dated 13th May, 1982 passed by the learned Presiding officer, Punjab Labour Court No. 7, Gujranwala has been challenged, whereby the grievance petition of the appellant for his re‑instatement in service was dismissed.

2. The appellant was a seasonal worker. He was issued notice of termination, on 27th July, 1981 (copy Exh. R‑3) telling him that his services were no longer required for the next season. He slept over the matter and issued grievance notice on, 3rd November, 1981. On the close of a season the workers are relieved of their duties with the agreement/ understanding that they would be recalled on the start of the new season. In the present case since the respondent did not want to re‑employ the appellant on the start of the new season, he gave him timely notice of termination, so that he could seek employment elsewhere and may not wait for the coming season. If the appellant had felt aggrieved of the notice of termination, he should have within three months of the receipt of notice of termination given the grievance notice under section 25‑A of the Industrial Relations Ordinance, 1969. Refusal to re‑employ a retrenched person either within one year or a seasonal worker does not amount to an order of termination giving him a cause of grievance against termination but gives cause of grievance for not allowing re‑employment. So, in case where a worker has not been retrenched till the new season but has been terminated, cause of grievance, if any, occurs to him on the receipt of notice of termination and the period of termination starts from that date. Since the appellant did not send grievance notice within three months o the receipt of notice of termination, the notice was time‑barred. A time barred grievance notice is no legal notice and the grievance petition in such cases is without a legal notice and is thus incompetent. The petition was, therefore, rightly dismissed by the learned lower Court.

3. As upshot of the observations made above, the appeal is dismissed.

A. E. Appeal dismissed.

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