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Appeal No. QSA‑249 of 1983, decided on 22nd April, 1984.

‑‑Appeal‑Rules of establishment providing right of appeal against penalty/punishment order‑Decision of appeal within reasonable time, in circumstances, would be an implied guaranteed right of employee‑‑ Order of Labour Court on grievance petition directing employer to decide appeal upheld by Appellate Tribunal‑Industrial Relations Ordinance (XXIII of 1969), Ss: 25‑A & 38 (3).

Irshad Ali Mian for Appellant.

Nemo for Respondent.

Date of hearing 17th April, 1984.

The decision, dated 21st April, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, has been challenged in this appeal to the extent it directed the appellant to decide the departmental appeal of the respondent within 20 days.

2. The respondent was dismissed from service. He brought a depart mental appeal, the decision of which was delayed. The respondent, therefore, without service of grievance notice challenged the dismissal order in a petition under section 25‑A of the Industrial , Relations Ordinance, 1969. Since the grievance petition was brought without serving the grievance notice, it was dismissed but the appellant was directed to decide the departmental appeal within 20 days.

3. The learned counsel for the appellant has argued that the learned lower Court had no jurisdiction to direct the appellant to decide the appeal within a certain period. There appears to be nothing wrong in the impugned order. The cause of grievance would arise to the respondent from the date of the communication of the decision of the appeal in case the appeal fails.) Unless the appeal is decided, the respondent cannot give grievance notice and challenge the dismissal order. There is no illegality in asking the appellant toy decide the appeal one way or the other. The respondent had a statutory right of appeal under para. 258 (9) of the First Wage Commission Award. When an employee appeals against an order imposing penalty, it is the implied right of the employee that his appeal be decided within a reasonable time. Since the respondent had a guaranteed right, the learned lower Court was justified in directing that the appeal of the respondent be decided.

4. Apart from what has been said above, the present appeal has become infructuous, inasmuch as the appellant has complied with the direction of the learned lower Court by deciding the departmental appeal. of the respon dent. This information has been .given by the learned counsel for the appellant during arguments.

5. As .a result, the appeal filed.

A. E. Appeal filed.

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