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Appeals Nos. LHR‑535 and 584 of 1984, decided on 28th October, 1984.

‑‑ S. 25‑A‑Grievance notice‑‑‑Cause of action‑Limitation‑Matter finally decided and right claimed finally refused‑Gives a final and not continuing cause of grievance‑Railway servant claiming benefit of running allowance‑Claim rejected by competent authority‑Plea that cause of grievance was continuous and arose every month, in circumstances, repelled and cause of grievance, held, arose on date of refusal of such benefit.

1979 P L C 307 ref.

1979 P L C 293 rel.

Date of hearing : 22nd October, 1984.

Asghar Ali, appellant, has, in his appeal, challenged the decision dated 13th August, 1984 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereas Muhammad Hanif, appellant, in his appeal, has challenged the decision dated 13th September, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby their grievance petitions for 55% running allowance were dismissed as time‑barred. Since both the appeals involve common question of law, they are being disposed of together through this single judgment.

2. The appellants were drivers. On failure of vision they were posted as Shedmen and 55 % running allowance, which they were receiving as drivers, was disallowed to them, holding that they no longer belonged to the running staff. The learned lower Court has found that the appel lants are entitled to 55% running allowance but has dismissed the petitions on the ground that they were time barred.

3. It has been argued by the learned representative of the appellants that refusal of 55% running allowance is a continuing wrong, so in every month cause of grievance arose to the appellants and thus the grievance notices and the grievance petitions are not time‑barred. He relies upon 1979 P L C 307. No doubt, it has been so held but no reasons have been given by the High Court for holding that it is a continuing wrong. The learned lower Court has on the other hand relied upon the ruling of this tribunal reported as 1979 P L C 293. Where a matter has been finally decided and a right finally refused, it gives a final and not continuing cause of grievance to the unsuccessful party. Decision is not to be recorded by the employer on the repeated demands. Of course where without finally deciding the dispute the amount claimed is denied, fresh cause of grievance arises on refusal of every new demand till the matter is finally adjudicated upon. In the present case the claim of the appellant to 55% running allowance was considered and was finally refused. Thus the appellant had a cause of grievance on the date of refusal and the grievance notices served beyond three months became time‑barred.

4. As a result, the appeals fail and are dismissed in liming.

A. E.

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