Law: Industrial Relations Act, 2012

Section: 33(4)

Industrial Relations Act (X of 2012)--- ----S.33(4)---Grievance petition---Pre-mature---Filing before expiry of 15 days---Effect---Petitioner / employer company was aggrieved of acceptance of grievance petition of respondent / workman which resulted into regularization of his service---Plea raised by petitioner / employer company was that grievance petition was filed by respondent / workman before expiry of fifteen days from the date of issuance of grievance notice---Validity---Provisions of Industrial Relations Act, 2012 do not render grievance petition filed before expiry of fifteen days as premature---Petitioner / employer company issued reply to grievance notice during pendency of grievance petition and such development had no adverse bearing on the prayer of respondent / workman in grievance petition---Petitioner / employer company was adamant in denying rights and privileges of a permanent workman to respondent / workman at all material stages---Rights and privileges of a permanent workman guaranteed or secured to respondent / workman by law were to be granted to him by operation of law which could not be fettered, restricted or denied through an executive fiat---High Court declined to interfere with concurrent orders passed by National Industrial Relation Commission---Constitutional petition was dismissed, in circumstances. Executive Engineer v. Abdul Aziz PLD 1996 SC 610; Izhar Ahmed Khan v. Punjab Labour Appellate Tribunal 1999 SCMR 2557; Pakistan Railways v. Sajid Hussain 2020 SCMR 1664; Government of Punjab v. Punjab Appellate Tribunal, Lahore 2002 SCMR 878; Board of Intermediate and Secondary Education v. Muhammad Sajid 2019 SCMR 233; Pakistan Telecommunication Co. Ltd. v. Azeem Kibria Bhatti 2016 PLC 491; Director General, LDA v. Amjad Ali 2004 PLC 224; Saidan Shah v. PTCL 2017 PLC 162; Secretary, State of Karnataka v. Umadevi 2006 (4) SCC 1; Maharashtra State Road Transport Corporation v. Casterive Rajya Parivahan Karmchari Sanghatana 2009 (8) SCC 556 and Mukhtiar Shah v. Presiding Officer, Sindh Labour Court 2008 PLC 12 rel. JUDGMENT MIANGUL HASSAN AURANGZEB, J.----Through this judgment I propose to decide Writ Petition No.1747/2020 as well as…

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