Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A -- Grievance notice and petition--- Why preferred -­Management not to establish as to why claim is preferred against it-Petition alleged illegal and oral termination of service ­Record indicating that petitioner left service voluntarily and was serving elsewhere-Contention that had he left service voluntarily he would not have filed grievance petition-Contention repelled­ Held: it is not for Management to establish why a petitioner pre­ferred his claim which is found without substance. Wasiullah Qureshi for Appellant. Date of hearing: 14thApril, 1981. ORDER The appellant, who claims that he was employed as a coal-cutter and was also given additional charge of Labour mate at mine No. 3 in the Faiz Coal Mines, Khanot, the first respondent therein, filed a grievance petition before the learned VII1th Labour Court on 5th February, 1981 alleging that on 5th February, 1980, he was removed from service, by oral orders of the first respondent, and prayed for his reinstatement in service with full back benefits. The learned Labour Court has dismissed the appellant's grievance petition on the grounds, firstly, that the appel­lant has failed to establish that he was removed from service or stopped from performing his duties by the first respondent, and secondly, that it had not been established that the appellant bad served the required grievance notice upon the first respondent. 2. It appears from the evidence of Mujeebur Rehman, President of the Faiz Coal Mines, Khanot, that the appellant was employed by him as coal-cutter at mine No. 3 and when the said mine was closed, the appellant worked for a short time first at coal mine No. 2 and thereafter at coal mine No. 4 but subsequently, he willfully absented himself from duties with effect from 5th February, 1980, and since that date, he has been working as black smith with Labour Jamadar, Zardar Khan…

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