Law:

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Industrial Relations ordinance (XXIII of 1969)-- ---S.25-A (i)--Grievance notice--Service of--Mandatory--Word "may" used in S.25-AM does not make requirement of grievance notice as optional or permissive--Grievance petition without service of valid grievance notice not maintainable. Pakistan National Centre through its Chairman v. Presiding Officer, Punjab Labour Court P L D 1976 Lah. 1085; Karachi Development Authority v. Presiding Officer II Sind Labour Court, Karachi and 2 others P L D 1975 Kar. 716 and Karachi Shipyards and Engineering Works Karachi v. II Sind Labour Court P L D 1975 Kar. 719 rel. Dr. Abdur Rehman Brahvi and S.M. Nazir Durrani for Appellant. Amirul Mulk Mengal, A.-G. for Respondents. Dates of hearing: 8th and 12th May, 1985. JUDGMENT This appeal is directed against the orders passed by the Presiding Officer III Labour Court on 17-2-1985 whereby the application No.57 of 1984 filed by Haji Rahim Bakhsh the appellant herein was dismissed. The appellant Haji Rahim Bakhsh was appointed as Pipe Fitter on 1-2-1950 on work charge basis in the Irrigation Department, Government of Baluchistan but was regularised on 1-7-1972 and was retired from service on 17-3-1981 after being declared invalid and incapacitated for further service. On 24-8-1982 a sum of Rs.5,573 only representing the claim for gratuity was paid. Instead of taking proper legal steps for the grant and payment of pensionary benefits which according to him he was entitled to, Haji Rahim Bakhsh moved application to the Martial Law Authorities and even the President of Pakistan but without any success. A grievance notice, dated 12-8-1984 was issued by him which was replied on 30-8-1984 by the respondent repudiating the claim. The application under section 25-A, I.R.O. was, therefore, filed before the Presiding Officer III Labour Court Quetta and the same has been dismissed having held it as time barred. The Labour Court also pointed out that no application for condonation of delay in giving the notice of grievance and filing of application under section 25-A, I.R.O. was made. The admitted position is that the claim of the appellant was finally determined and the funds found payable to him…

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