MUHAMMAD BOOTA vs ADDITIONAL DISTRICT JUDGE and others
The petitioner sought leave to appeal against an order of the Federal Service Tribunal, which had dismissed his appeal regarding his removal from service with Pakistan Railways. The petitioner, appointed in 1973, was removed from service in 1988 due to unauthorized absence. He subsequently filed a grievance notice in 1994 and a grievance petition in 1998, followed by an appeal to the Federal Service Tribunal. The Supreme Court examined the delay in the petitioner's actions, noting a significant gap of six years between his removal and the filing of his grievance notice. Furthermore, the Court observed that the appeal before the Tribunal was time-barred, particularly in light of the introduction of Section 2-A into the Service Tribunals Act, 1973, in 1997. Finding no merit in the petitioner's arguments to justify the substantial delay, the Supreme Court dismissed the petition for leave to appeal, affirming that the proceedings were barred by limitation.
- Does a significant delay in filing a grievance notice render a service-related petition liable to dismissal?
- Is an appeal before the Federal Service Tribunal maintainable if it is filed beyond the prescribed period of limitation?
- What is the effect of the introduction of Section 2-A of the Service Tribunals Act, 1973, on pending service disputes?
- Section 25-A, Industrial Relations Ordinance 1969
- Section 2-A, Service Tribunals Act 1973
ORDER
' ABDUL HAMEED DOGAR, J.---The petitioner seeks leave to appeal against the order dated 7-6- 2000 of the Federal Serice Tribunal, Lahore, passed in Appeal No,445-L of 1998 whereby the same was dismissed.
2. The petitioner was appointed as Muawan on 2-4-1973 in Pakistan Railways. It was stated that he used to remain absent from duty without any justification. As such on 13-6-1988 he was removed from service. He filed departmental appeal which was also dismissed on 1-8-1998. He then sent a grievance notice under section 25-A of the Industrial Relations Ordinance on 16-4-1994 and thereafter filed grievance petition on 8-5-1998. On the same day, he filed appeal before the Federal Service Tribunal, Lahore, which was dismissed vide the impugned order.
3. Rana Maqbool Ahmad Khan, learned Advocate Supreme Court for the petitioner has not been able to explain the delay of six years for sending grievance notice and filing the appeal before the Punjab Labour Court. Moreover, the appeal before the Tribunal was also barred by time as section 2-A came into existence in the Service Tribunals Act, 1973, on 10-6-1997.
4. For the foregoing reasons, the petition is devoid of force and the same is dismissed.