Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S.25-A-- Grievance petition--Maintainability--Mandatory grievance notice not proved to have been served by dismissed worker upon respondent mills--Grievance petition under S.25-A of Ordinance before Labour Court, held, was not maintainable. 1981 P L C 208 ref. Appellant in Person. Representative for Respondent. Date of hearing: 4th September, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 7-8-1985, passed by the Sind Labour Court No.11, Karachi, who had dismissed the grievance petition under section 25-A, I.R.O., 1969. 2. The brief facts of the case of the appellant are that the appellant was a permanent workman of the respondent mills and that as he was an undesirable person for his trade union, therefore, he was under continuous disciplinary action by the respondent mills since 1977 and that he was illegally dismissed from service by the respondent mills. That against this dismissal, the appellant preferred a grievance petition before the Labour Court, who had allowed the grievance petition directing the respondent mills to reinstate the appellant and also affording the opportunity to the respondent mills for re-enquiry into the matter, vide its order, dated 2-1-1984. That, against this order, both the parties filed cross appeals before this Tribunal and that an Appeal No.24 of 1984 filed by the present appellant was still pending before this Tribunal, the appellant reported for duty by sending a letter under registered cover and joining the duty on 16-2-1984 with a request that as the issue of holding fresh enquiry was sub-judice before this Tribunal, therefore, till the decision on the said appeal, the re-enquiry proceedings be stayed. That despite of this request, the respondent mills proceeded with the holding of the fresh enquiry and finally it was served with the copies of the old charge-sheets, dated 6-10-1977, and that these proceedings were held ex parte. That, consequently the appellant was dismissed from service, vide order dated 28-4-1984 as a result of this enquiry, therefore, he submitted a grievance notice upon the respondent mills within three…

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