| Citation(s) |
|---|
| 1987 SLG 1438 1987 SLD 1438 1987 PLC 932 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-64 of 1984, decided on 18thDecember, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. SUK-64 of 1984, decided on 18thDecember, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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WAHID BUX
VS
DIVISIONAL MANAGER UTILITY STORES
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance notice--Service of grievance notice mandatory provision of law--Worker not submitting notice on establishment and filing grievance petition--Grievance petition, held, was liable to be set aside on this sole ground--Interference with order of Labour Court dismissing grievance petition was declined. Shaikh Amanullah for Appellant. Date of hearing: 18thDecember, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 28-2-1984, passed by the Labour Court NO. VlI, Sukkur, who had dismissed the grievance petition under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the appellant was working as assistant salesman since 6-1-1982 and on 16-6-1983 he was served with a charge-sheet, dated 12-6-1983 that a shortage of an amount of Rs.26,883.80 was detected from his account by the Accounts Officer on 21-5-1983. On 9-10-1983 services of the appellant were terminated vide order, dated 4-8-1983, though he submitted a satisfactory reply to the charge-sheet. Thereafter the appellant preferred a department appeal, also alongwith a grievance notice, dated 23-10-1983 by registered post, A/D, but, as he did not receive any reply therefore, he filed a grievance petition before the Labour Court. 3. The respondent Corporation resisted the petition on the ground that the appellant had deliberately made shortage of stock worth Rs. 26, 883.80 which was detected on 25-5-1983 and again he made shortage of stock worth Rs:3,780.12. As the appellant could not reply satisfactorily, therefore, an enquiry officer, namely, Mr. Abdul Feteh Sanghri, Area Manager, was, appointed to conduct the enquiry and such an intimation was sent by the respondent establishment to the appellant, but he refused to receive the same. On 28-7-1983, an F.I. R. was also lodged against the appellant with F.I. A. Police at Sukkur. A second show cause notice was also served upon the appellant on 27-7-1983 and ultimately his services were rightly terminated vide letter, dated 4-8-1983. That the appellant did not serve the grievance notice upon the respondent establishment as required by theβ¦
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