Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 25-A & 34-Redress of grievance of individual worker-Relief admissible either by way of application under S. 25-A by worker himself or by way of raising industrial dispute by Collective Bargaining Agent under S. 34-Workzr choosing to seek redress individually-­Junior Labour Court alone competent to entertain application under S. 25-A. The appellant's petition under section 25-A for enforcement of his right accrued under existing settlement was dismissed by Junior Labour Court for want of jurisdiction. It was contended that the Junior Labour Court had no jurisdiction to deal with an industrial dispute and as such any breach of settlement between the parties could be taken cognizance of by the Labour Court under section 34 of the Industrial Relations Ordinance, 1969. Held: Under subsection (1) of section 25-A of the Ordinance a worker may bring his grievance in respect of any right secured to him under any settlement to the notice of his employer and if the employer fails to give a satisfactory decision thereon the matter can be taken by him to the Junior Labour Court by himself or through a shop steward or Trade Union concerned. Subsection (5) provides that in adjudicating and determining any such grievance the Junior Labour Court shall go into all the facts and pass such orders as may be just and proper in the circumstances of the case. In the present case no dispute can be made of the fact that there was a settlement between the parties as a result of strike notice. The settlement did contain the term that every bagging clerk with a length of three years service will be made permanent. This being so, the termination of the appellant's service despite having served the establishment beyond a period of three years was a question which required an adequate enquiry under subsection (5) of section 25-A of the Ordinance, which clearly provided that in adjudicating and determining the grievance under subjection (4) the Junior Labour Court shall go into all the facts of the case and pass such order as may be just and proper in circumstances. The grievance referred to in subsec­tion (4) may be in respect of…

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