Case Details

Citation(s)
1976 SLG 718 1976 SLD 718 1976 PLC 233
Labour Appellate Tribunal, Sindh
Appeal No. 269 of 1974, decided on 21st September 1974.
MAHMOOD ALI SHAH BUKHARI, PRESIDING OFFICER MUHAMMAD AYUB

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MUHAMMAD AYUB

VS

JUNIOR LABOUR COURT No. V, HYDERABAD AND OTHERS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -----S. 25-A-Grievance procedure-Order of termination of service becoming effective from date of its service upon workman-Depart­mental rules permitting grievance procedure in shape of appeal­---Appeal submitted and despite reminder no reply received for about two months-Departmental appeal, in circumstances, amounted to grievance procedure required under S. 25-A and application to Junior Labour Court under S. 25-A without waiting for decision on depart­mental appeal, held, within stipulated time and justified. Abdul Hameed Khan for Appellant. Sajjad Hussain Zaidi for Respondents. ORDER Present appeal is directed again, t order dated 244'-74 where Junior Labour Court No. V, Hyderabad, dismissed the petition under section 25-A, I.R.O., 1969 in limine filed by the appellant for his re-instatement in service with back benefits, on the ground that appellant did not adopt grievance procedure before filing the petition. The facts are that the appellant was a permanent railway employee with his posting at Hyderabad. He was removed from service with effect from 19-6-74 by an order which was served on 25-6-74. On 28-6-74 appellant sent a grievance notice in the form of a departmental appeal to respondent No. 3 through respondent No. 1. Appellant also submitted a reminder dated 25-7-74. Ultimately appellant filed his petition of section 25-A before Junior Labour Court No. V, Hyderabad, on 23-8-74. Barring the above appeal and reminder, appellant did not send…
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