| Citation(s) |
|---|
| 1982 SLG 1656 1982 SLD 1656 1982 PLC 971 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-243 of 1981, beard on 11th May, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-243 of 1981, beard on 11th May, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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FAZAL KARIM
VS
MESSRS PARTICO Ltd.
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- --S. 25.A-Grievance petition-Aggrieved person-Person resigning voluntarily-Not an aggrieved person to claim re-instatement-Petitioner alleging to have been made forcibly to sign on blank paper and vouchers of reciept for full and final payment of dues Management contending that he had voluntarily resigned and then received dues-Evidence supporting contention of management and no evidence adduced by petitioner in support of his plea-Grievance petition, in circumstances, held, rightly rejected as a person having voluntarily resigning could not be considered as an aggrieved person. Ali Muhammad for Appellant. Date of hearing, 11th May, 1981. ORDER This appeal arises out of a grievance petition filed by the appellant workman, on 28th February, 1981, before the learned IIIrd Labour Court, Karachi alleging that on 14th January, 1981, the respondent company had turned him out of their establishment after their men had forcibly obtained his signatures on a voucher and a blank paper. The respondent company resisted the grievance petition on the ground that the appellant had quarelled with the shift incharge, Abdul Wahid, on 14th January, 1981 and on that account he voluntarily relinquished his job with the company and in the presence of witnesses, namely Manager Hashir Ahmed and Accountant Shaukat Jenani, signed the payment voucher and the printed full and final settlement. Both these witnesses were examined by the respondent company before the learned Labour Court. They fully supported the contention of the company that the appellant had voluntarily resigned and been paid his dues in full and final settlement of all his claim. The voucher and the acknowledgment receipt were also produced by the company at the trial. Both these documents bear the signatures of the appellant on revenue stamps and have been attested by Manager Bashir Ahmed and Accountant Shaukat Jenani. The respondent company also examined two other witnesses, Taj Malook and office peon Juma Khan. Relying on this evidence, the learned Labour Court has dismissed the grievance petition of the appellant. Aggrieved by this decision the appellant has come up…
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