ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D-6220 OF 2015

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Muhammad Karim Khan Agha

Muhammad Usman …………… Petitioner

Versus

Federation of Pakistan & others……….. Respondents

Date of hearing 05.11.2015

Petitioner is present in person.

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Muhammad Ali Mazhar J. Through this petition, the petitioner has challenged the dismissal order dated 07.12.1993. The dismissal order is available at page 45, annexure “F”, which reflects that the inquiry was conducted and since the petitioner was found guilty of misconduct, he was dismissed under Standing Order 15 of West Pakistan Industrial & Commercial Employment (Standing Order) Ordinance, 1968. The petitioner could have challenged the dismissal order in the Labour Court, which he failed to do at the relevant time. The petition is otherwise not maintainable as an adequate and equal efficacious remedy was available under the provisions of Industrial Relation Ordinance, 1969 in which after tendering the grievance notice, the petitioner could have filed his Grievance Petition in the Labour Court. Besides that the office has also raised the

objection of laches. One office order dated 18.04.2012 is also attached with the petition at page 59, which shows that the petitioner approached the management and in consequence thereof, he was informed that competent authority has decided to reinstate his service on the following conditions:-

a). Reinstate in service from the date of dismissal i.e 07.12.1993.

b). Retirement from service on attaining the age of superannuation i.e 11.07.2009.

c). No arrears to be paid and undertaking to the effect that he will not claim arrears of pay and allowances for the intervening period from 08.12.1993. to 11.07.2009.

2. Now, in the month of October, 2015, the petitioner has challenged the reinstatement order through which he was allegedly forced to furnish an undertaking to the effect that he will not claim back benefit. In the memo of petition, the petitioner has also admitted that he was workman but since he attained the age of retirement six years back, therefore, he invoked the jurisdiction of this court. No reason has been shown in the memo of petition, whereby, the petitioner prevented not to initiate legal proceedings even against the office order dated 18.04.2012 which was passed subsequently with some conditions of reinstatement. The petition is clearly hit by laches which is dismissed in limine.

Judge

Aadil Arab