TANVEER HUSSAIN Versus KARACHI GYMKHANA

DECISION

This appeal is directed against the order of the Fifth Sindh Labour Court, Karachi dismissing` the grievance petition of the appellant for re instatement and back benefits.

2. The facts in brief are that the appellant was appointed as Steward in the Karachi Gymkhana on 1‑2‑1989. He was charge‑sheeted and suspended on 17‑3 1991 for having misbehaved and insulted a lady member of the Club. After domestic enquiry he was dismissed on 14‑4‑1991. The appellant had knowledge about the charge‑sheet, enquiry and dismissal, though he refused to accept the dismissal letter. It was sent by registered post on his last address but it was returned with the remarks that the addressee had left. The learned Labour Court found that the grievance notice was late by six months. The grievance petition was therefore dismissed as time‑barred. Deliberate refusal to accept the dismissal order amounts to good service of dismissal order. The grievance notice after six months of dismissal would, therefore, be time‑barred under section 25‑A of the I.R.O.

3. The order of the Labour Court is accordingly maintained and his appeal is dismissed in limine.

H.B.T./39/Lb.S Appeal dismissed.