ALTAF HUSSAIN Versus REGIONAL MANAGER, PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION, D.G. KHAN

The decision dated 8‑8‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan has been challenged, whereby the grievance petition of the appellant for his dues was dismissed on the ground that the grievance notice was time‑barred.

2. The case of the appellant is that he tendered resignation which was not accepted. He claimed his gratuity etc. which was not paid, so he brought grievance petition for the same. The petition has not been decided on merits but has been dismissed on the sole ground that the grievance notice was time‑barred. A perusal of the written statement shows that no plea that the grievance notice was time‑barred, was taken. The argument of the learned counsel for the respondent has no force that it was the duty of the Court to see if the grievance notice or the petition was within time and that presence of specific objection in the written statement was not a bar. If the Court wanted to take up the point suo motu notice of it and opportunity should have been given to the appellant to satisfy and if the appellant wanted to produce evidence, he should have been allowed to do so. The impugned decision, therefore is not sustainable.

3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded with the direction that after giving opportunity to the parties to produce evidence on the point of limitation, the case be decided afresh.

A.E./1520/Lb.P

Appeal accepted.