Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A--Grievance notice-Has to be given by workmen/workers themselves or shop steward or Collective Bargaining Agent. Civil Appeal No. K-48 of 1978 (unreported) ref. (b) Civil Procedure Code (V of 1908)-- -- O. VI, rr. 6 & 11-Pleadings-Pleas of fact as well as law not specifically raised before Labour Court-Omission to deal with same by Labour Court-High Court, held, would not interfere with order made by Labour Court moreso when at least latter plea prima facie curable. (c) Constitution of Pakistan (1973)-- --- Art. 199-Writ petition-Impugned order-Interlocutory-Pleas of fact as well as law, held, cannot be allowed to be raised for first time in constitutional petition-Petitioner, further held, can raise such pleas when case heard on merits. Khurshid Anwar Shaikh for Petitioner. Respondent (absent). Date of hearing: 3rd May, 1980. JUDGMENT The facts giving rise to this petition are that respondents Nos. 2-6 filed an application under section 25-A of the Industrial Relations Ordinance challeng­ing their alleged dismissal from service. On behalf of the petitioner employer preliminary legal objections were taken in these words:- (1) That the above-named applicants had also filed an application dated 28th January, 1979, under section 25-A of Industrial Relations Ordi­nance, 1969, for the same cause of action, which was summarily dismissed by this honourable Court vide order dated 7th February, 1979. Hence the applicants are now barred from filing another application for the same cause of action under section 25-A(10) of Industrial Relations Ordinance, 1969, as the principle of res judicata can be safely applied in this matter. (ii) That the applicants have also failed to comply with the mandatory provision as provided under section 25-A(1) of Industrial Relations Ordinance, 1969. (iii) That since the applicants have already stated in their earlier application dated 28-4-1979 that the cause of action has arisen to them on 8th August, 1978, hence they cannot be allowed to change their pleadings when their application has been dismissed by this hon'ble Court and as such the application filed by the…

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