Law: Balochistan Industrial Relations Act, 2010

Section: 41

Balochistan Industrial Relations Act (XIII of 2010) --- ----S.41---Grievance petition without service of grievance notice---Maintainability---Employee was suspended and was dismissed from service after inquiry---Employee served grievance notice against his suspension through his counsel but no such notice was issued against order for dismissal---Grievance petition moved by the employee was allowed by the Labour Court but Labour Appellate Tribunal dismissed the same---Validity---Employee himself should bring his grievance to the notice of employer and employer within fifteen days of the grievance brought to his notice should communicate his decision in writing to the worker---Grievance notice could not be served through counsel---Grievance notice, in the present case, was served through counsel which was against mandatory provision of law---When a party had made admission, there was no need of formal inquiry---Employee in the present case, had rendered unconditional apology to the employer---Inquiry against the employee in circumstances was not mandatory---Foundation of case would revolve around the grievance notice and without issuing the same the whole superstructure would automatically fall to the ground---Employee had not issued grievance notice against his dismissal from service in the present case---Mandatory requirements of law had not been complied with, in circumstances---Grievance petition was not maintainable before the Labour Court---Labour Appellate Tribunal had rightly accepted the appeal of employer against the employee---Constitutional petition was dismissed, in circumstances. 2015 PLC 220; PLD 1980 SC 80; 1980 PLC 1229; 1985 PLC 1068; 2002 SCMR 684 and 1993 SCMR 956 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.---- This Constitutional Petition has been directed against the judgment dated 30-08-2017 hereinafter referred as "the impugned judgment") passed by the Labour Appellate Tribunal Baluchistan Quetta (hereinafter referred as "the appellate Court") whereby the appeal of the respondent No.3 was allowed and order dated 6-06-2017 passed by the Presiding Officer, IIIrd Labour Court, Balochistan at Hub (hereinafter referred as…

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