MUHAMMAD YUSUF Versus PAKISTAN RAILWAYS, KARACHI

DECISION

Heard Mr. MA. Hassan Malik .

The appellant was appointed by Pak Railways as Mechanic Helper on 31‑12‑1962 at Karachi Cantonment Railway Station Workshop. After 19‑11‑1968 he became mentally ill. He then remained under treatment of Psychiatry Department, Jinnah Hospital and he was declared fit for duty only on 25‑2‑1992 but meanwhile his services were terminated by the Railway on 7‑11‑1969. The appellant sent his application for resumption of duty on 26‑4‑1992 and went on sending reminders. The last one being on 10‑1‑1993. Thereafter, he filed grievance petition. The learned Labour Court dismissed the petition as time‑barred as appellant was terminated from service on 7‑11‑1969 and thereafter he ceased to be a workman. That the petition under section 25‑A of the I.R.O. was therefore time‑barred. Thus, the grievance notice was sent on 26‑4‑1992 and the present petition was filed after 19‑1‑1993 late by 8 or 9 months. Petition was therefore hopelessly time‑barred. I cannot therefore interfere with this decision of the learned Labour Court but I find that the appellant is still not perfectly healthy and he continues his treatment by taking medicines and it is possible that he may get the relapse. Since his services were terminated simpliciter without any enquiry and he was a permanent workman he is entitled to notice pay, gratuity and other dues on account of his illness. These should' be paid by the Railway promptly without putting the appellant to further mental stress. But if that is not done, he can file his petition under the Payment of Wages Act.

2. With these observations the appeal is otherwise dismissed in limine.

H.B.T./2432/Lb.S Order accordingly.