PACKAGES LIMITED through Factory Manager/Personnel Manager vs PUNJAB LABOUR APPELLATE TRIBUNAL S — 2022 PLC 79 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC 79 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: PACKAGES LIMITED through Factory Manager/Personnel Manager vs PUNJAB LABOUR APPELLATE TRIBUNAL S
Subject matter: Constitutional
Provisions referred to: S. 33---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PACKAGES LIMITED through Factory Manager/Personnel Manager VS PUNJAB LABOUR APPELLATE TRIBUNAL S.33---Qanun-e-Shahadat (10 of 1984), Art. 113---Redress of individual grievances---Facts admitted need not be proved---Delay in sending grievance notice---Scope---Respondent was dismissed from service on charges of misconduct and absence from duty---Respondent filed a grievance petition which was dismissed on the ground that he had not filed a grievance notice within time as per the mandatory requirement of law---Labour Appellate Tribunal allowed the appeal and remanded the case to the Labour Court on the ground that petitioner/employer had admitted the receiving of the grievance notice in its pleadings---Validity---Petitioner had admitted the receiving of the grievance notice but nowhere was it admitted that the notice was received within the prescribed time nor could it be presumed that the notice was served upon the petitioner within time because it was vehemently denied by the petitioner---Impugned judgment was passed by misreading the record and misconstruing the real facts, therefore, the same was set aside---Constitutional petition was allowed, in circumstances.

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