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MUHAMMAD SIDDIQ versus CRESCENT FACTORIES LTD., SAHIWAL


Industrial Relations Ordinance 1969 Section 25 Request for a Complaint Submitted by a lawyer Petitioner that falls within the bounds of the next due date, presented, presented, appropriate in such history
1986 P L C 695

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi,

Appellate Tribunal

MUHAMMAD SIDDIQ

Versus

CRESCENT FACTORIES Ltd., SAHIWAL and another

Appeal No. SL‑411 of 1985, decided on 5th February, 1986.

Industrial Relations Ordinance (XXIII of 1969)‑‑

‑‑‑S. 25‑A‑‑Grievance petition‑‑Presentation of‑‑Presented by counsel‑ Petitioner appearing in person on next fixed date falling within limitation period‑‑Presentation, in circumstances, held, became proper on such date.

Appellant in person.

M. Asadullah Siddiqui far Respondents.

Date of hearing; 22nd January, 1986.

JUDGMENT

The order, dated 24‑6‑1985 recorded by the learned Presiding Officer. Punjab Labour Court No.9, Multan has been challenged, whereby the grievance petition of the appellant was dismissed on account of improper presentation.

2. The grievance petition was presented by the counsel for the appellant on 22‑3‑1982 but on the next date i.e. 27‑4‑1982 the appellant appeared in person to pursue the case. In the written statement the respondent admitted that the grievance notice was dated 25‑2‑1982. This being so, the grievance petition could be presented within time; upto 19‑5‑1982. Since the appellant appeared in person on 27‑4‑1982 to pursue the case, the presentation became proper on the said date. The earned lower Court was, therefore, not justified in dismissing the petition on the plea of improper presentation.

3. As a result, the appeal is treated as revision and accepting it, the impugned order is set aside and the case is remanded back for decision on merits.

A.E.

Revision accepted.

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