Law: Industrial Relations Ordinance, 2002

Section: 46

ORDER Muhammad Ali Mazhar J. Brief facts of the case are that the Respondent No.3 was terminated by the Petitioner on 16.03.2005 on the ground of reorganization and abolition of post of office assistant. The Petitioner filed grievance petition No.41 of 2005 in the Labour Court No.1, Karachi, under Section 46 of I.R.O, 2002. The learned Labour Court framed the following points for determination: i). Whether the grievance application of the applicant is not maintainable under Section 46 of the IRO 2002? ii). Whether the termination of the applicant as a result of the reorganization and abolition of his post is malafide, illegal, if so, whether he is entitled for reinstatement in service with or without back benefits? iii). What should the order be? 2. In Para-5, the findings on the aforesaid points for determination were recorded as under:- POINT NO.(i). The grievance application is legally not maintainable for want of signature of the applicant on grievance notice. POINT NO.(ii). Redundant. The termination of the applicant as a result of "reorganization" is neither malafide nor illegal. POINT NO.(iii). Grievance application of the applicant is liable to be dismissed. 3. Since the grievance petition was dismissed by the Labour Court, therefore, the Respondent No.3 filed an appeal No.KAR-843 of 2010 (L.A No.08/2006) before the Sindh Labour Appellate Tribunal and vide Judgment dated 26.05.2014, the order passed by the Labour Court was set aside and the Respondent No.3 was ordered to be reinstated in service with all back benefits. Against the impugned order passed by the learned Sindh Labour Appellate Tribunal, this petition has been moved on the ground that while passing the impugned order, the learned Tribunal has failed to consider the findings of the Labour Court as well as evidence available on record. It is further argued that even the learned Tribunal failed to appreciate the issue of reorganization for which specific point was framed by the Labour Court. The entire findings nullifying the order of the Labour Court is based on the service of grievance notice which was allegedly not signed by the Respondent No.3. He further argued that impugned order is…

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