Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Improper presentation of--Grievance petition was admittedly presented by counsel--Presence of workman disputed--Solitary statement of workman, held, would require corroboration--Counsel being present at time of presentation, failure on his part to come to witness-box would raise presumption that he was not prepared to support statement of workman as to his presence at time of presentation of such grievance petition. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Presentation not proper--Effect--Where presentation of grievance petition was not proper, such petition, held, would be rejected and could not be dismissed. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A a 38(3)--Fresh grievance petition, filing of--Where due to lack of proper presentation, grievance petition required to be rejected was dismissed by Labour Court, same was to be treated as rejected-­Labour Appellate Tribunal partly accepted appeal to enable workman to file fresh grievance petition if so advised and if filing thereof would be within limitation. Munawar Ahmad Javaid for Appellant. Naeem Bukhari for Respondent. Date of hearing: 21st June, 1986. JUDGMENT This is an appeal emerging from the decision, dated 11-3-1986 recorded by learned Court No. 4, Faisalabad whereby the grievance petition of the appellant was dismissed on the ground that the appellant was not present at the time of presentation of his petition by his counsel. 2. Previously on merits the grievance petition of the appellant was dismissed and he had come in appeal. At the appellate stage objection was raised by the respondent that as is presentation of the grievance petition was not proper, the petition was not maintainable on that short ground. Since such an objection was not raised before the learned lower Court and it required evidence, therefore, the case was remanded setting aside the decision of the learned lower Court on merits. The finding of the learned lower Court on the point that the appellant was not present in person on the day of presentation of the petition appears to be…

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