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Appeal No. FD‑386 of 1985, decided on 9th December, 1985.

‑‑‑Ss. 25‑A & 38(3)‑‑Presentation of grievance petition‑‑Plea at appellate stage that petition presented by Lawyer‑‑Petitioner whether or not present before Labour Court within limitation period, was question of fact‑‑No finding recorded by Labour Court on such point‑‑Order of Labour Court, in circumstances, set aside by appellate Tribunal and case remanded for re‑decision after recording findings whether presentation of petition was proper.

Munawar Ahmad Javed for Appellant.

Syed Iqtidar Hussain for Respondent.

Date of hearing: 3rd December, 1985.

In the appeal captioned above an application has been, given on behalf of the respondent for the rejection of the grievance petition of the appellant on the ground that it having been presented by the lawyer and not by the appellant himself, its presentation was improper.

2. In reply to the said miscellaneous application it is contended by the appellant that he had appeared alongwith his counsel on the date of presentation of the grievance petition and had been appearing in person on subsequent dates, but by mistake the learned lower Court may not have recorded his presence. Without affording opportunity to prove and disprove the fact if the appellant was present with his counsel or had he within limitation appeared in person to pursue the grievance petition, the question cannot be resolved. For this purpose the case shall have to be remanded after setting aside the impugned decision, so that parties may produce evidence on the point. Both the counsel have agreed to it.

3. As a result, the appeal is accepted and setting aside the impugned decision, the case is remanded with the direction that the case be redecided after recording finding if the presentation of the grievance petition was proper or not.

A. E.

Appeal accepted.

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