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Petitioner: ALI AKBAR BOZDAR VS Respondent: THE PRESIDING OFFICER, SINDH LABOUR COURT NO. VIII, LARKANA and another
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:ALI AKBAR BOZDAR vs THE PRESIDING OFFICER, SINDH LABOUR COURT NO. VIII,
LARKANA and another Case No.: Appeal No, LAK-474 of 1995 Date of Judgment:1995-12-20 Reported As: 1996 PLC 361 Result: Appeal dismissed Judgment DECISION ' Heard Mr. Inayatullah Morio for the appellant. ' The appellant serving as Purchase Officer, was found guilty of misappropriations which were ordered to be recovered from his monthly salaries by way of installments. After the expiry of the limitation period of three months, the petitioner served the Corporation with his grievance notice and then filed his grievance petition with an application under section 5 of the Limitation Act for condoning the delay. This application was dismissed and so also the grievance petition. Mr. Inayatullah Morio has argued that since the deductions are made from his salaries every month, this is case of continuing wrong. It has, however, been rightly held by the Labour Court that the cause of action arose when he was ordered to pay the amount misappropriated. The mode of payment of instalments cannot convert that wrong as a continuing wrong. . 2. The order of the Labour Court is accordingly maintained and the appeal is dismissed in limine.