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Appeal No. FD‑413 of 1985, decided on 30th October, 1985.
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition presented by counsel‑‑Improper presentation‑‑Petitioner appearing in person within limitation period‑ Presentation, in circumstances, held, became proper and order of Labour Court dismissing petition on grounds of improper presentation set aside by appellate Tribunal remanding case to Labour Court for decision on merits.
Mahboob Alam for Respondent.
Date of hearing: 26th October, 1985.
The decision, dated 24‑6‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad has been challenged, whereby the grievance petition of the appellant was dismissed on the ground that it was not presented by him in person but by his counsel.
2. This is true that originally the grievance petition was presented by the lawyer on 29‑4‑1985 but since the appellant appeared in person and pursued the case before the expiry of the period of limitation meant for bringing the grievance petition, the presentation became proper. The appellant appeared in person on 20‑5‑1985 and pursued the case. In the grievance petition in para. 10 it is alleged that the grievance notice was sent on 27‑3‑1985, so the grievance petition could be lodged upto 10‑6‑1986 but the appellant appeared in person on 20‑5‑1985. So the presentation by the appellant on 20‑5‑1985 became proper and the petition could not be dismissed.
3. As a result, the appeal is accepted and setting aside the impugned order, the case is remanded for decision on merits.
A.B. Appeal accepted.
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