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1976 P L C 774 [Labour Court Punjab] Present: Saeed Ahmad, Presiding Officer HAJI MUHAMMAD versus CRESCENT SUGAR MILLS LTD. Appeal No. 398 of 1974, decided on 13th January 1975. Industrial Relations Ordinance (XXIII of 1969)---- ---S. 25-A (6) [as amended vide Industrial Relations (Amendment) Act (XXIX of 1973)]-Termination of service-Redress from Court-­Whether grievance notice to employer necessary-Case of termination governed by subsection (6)-Procedure of subsections (1) to (4) not applicable-Workman entitled to seek redress from Labour Court directly without serving grievance notice to employer. Rana Sakhawat Ali for Appellant. Aziz-ud-Din for Respondent. JUDGMENT Haji Muhammad was employed in Crescent Sugar Mills, Lyallpur. He was removed from service on 1st October 1974. He applied to the Junior Labour Court for re-instatement. His application was dismissed on the ground t1hat no grievance notice was served by him on his employer as provided under section 25-A of the Industrial Relations Ordinance, 1969 and so his application was not maintainable. He has filed this appeal against this order. The law relating to dismissal and re-instatement has constantly remained under a change by different enactments. Originally Standing Order No. 18 of the Industrial and Commercial Employment (Standing Orders) Ordinance, y 1968 provided grievance procedure. It covered all types of grievances of a worker including re-instatement in case of wrongful dismissal. In order to seek redress under Standing Orders Ordinance, it was imperative on the worker to observe the procedure, laid down in Standing Order No. 18. A worker aggrieved by his dismissal was required to give notice to his employer of his grievance within 15 days of the grievance being brought to his notice. And the employer was required to give his decision within 30 days of the receipt of the communication from the worker but if the employer failed to give his decision or if the worker was aggrieved by his decision, the worker was entitled to file an application in the Industrial Court for the redress of his grievance within 60 days of his bringing his grievance to the notice of his employer. It was further…

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