Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S.25 A Grievance petition Defective written reply by employer, effect of On filing grievance petition by employee, employers filed written reply which was neither signed by them nor by any person authorised by them and was not verified on oath Person signing the same was also not produced in evidence Such written reply unauthorisedly signed by employer's advocate could not be read as evidence and was to be excluded from consideration, especially when employers failed to rectify their irregularity of non signing the written reply. PLD 1972 SC 25 and 1981 SCMR 687 ref. Nasir Mehmood for Appellants AND Ashraf Hussain Rizvi for Respondents. Date of hearing: 25th January, 2001. DECISION This appeal arose from the decision, dated 22 5 1999 of Sindh Labour Court No.V. Karachi whereby the grievance petition of respondent Umer Zaib was allowed with direction that he be reinstated in service within 7 days of the decision with payment of all back benefits from the date of termination of his services. 2. The respondent's case is that he was employed with the Appellants Company on permanent basis from April, 1993 to 29 7 1998 when all of a sudden his services were terminated with effect from 30 7 1998. After serving the necessary grievance notice on the Appellants Establishment, he filed grievance petition. His further case is that since the Appellants Establishment did not file any written statement, they were made ex parte. However the ex parte order was set aside on 11 3 1999 and the Appellants Establishment was allowed to file written statement subject to payment of cost of Rs.2000 to the respondent. After depositing the said amount in Third Sindh Labour Court, the Appellants Establishment filed written statement on 24 3 1999 which was however singed by Mr. Shah Nabil their advocate. As the written statement was not verified on oath, nor was it signed by authorized person, the respondent moved an application on 15 4 1999 requesting therein that respondent's grievance petition be allowed as if there was no written reply signed and verified by any authorized person. When notice of such application was served on the…

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