| Citation(s) |
|---|
| 1988 SLG 1063 1988 SLD 1063 1988 PLC 411 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-212 of 1987, heard on 22nd October, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-212 of 1987, heard on 22nd October, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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GHULAM ABBAS
VS
Messrs TAJ MAHAL HOTEL
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition--Signing by petitioner and presenting personally by him is mandatory--Petition presented by Advocate, held, was rightly dismissed as not maintainable'. 1981 P L C 760; 1982 P L C 107; 1985 P L C 314 and P L D 1980 SC 80 rel. Appellant in person. Date of hearing: 22nd October, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 31-5-1987, passed by the Sind Labour Court No. -V at Karachi who had dismissed the grievance petition of the appellant under section 25-A I. R.O. 1979. 2. Brief facts of the case are that the appellant claimed to have been permanently working as Bell Boy in the respondent Hotel since last five years and as on 6th and 7th of July, 1985. He was sick, therefore, he could not attend to his duties. He further claimed that 7th July 1985 was a weekly rest day for him, but, when on 8-7-1985, he reported for duty he was not allowed to enter into the Hotel premises and thus was put under suspension. The appellant further claimed that neither a proper charge-sheet was issued nor a lawful, impartial, and reasonable enquiry was conducted so that he could defend himself. The appellant, however, claimed that though on his own request fresh enquiries were made as he was not satisfied with the conduct of the said enquiry and finally on 21-8-1985 he participated in the fresh enquiry, yet, he was dismissed from service with effect from 24-8-1985. Thereafter the appellant submitted his grievance notice and subsequently his grievance petition therefore the learned Labour Court. 3. The respondent Hotel resisted the petition on the ground firstly that as the grievance petition was not submitted by the appellant himself in the Labour Court, therefore, under the Law as well as the Authorities, it was not maintainable and liable to be dismissed only on this legal objection. Secondly, on merits it was contended that as the charge of misconduct was fully and properly established in a lawful and impartial domestic enquiry in which he was afforded full opportunity to defend himself, therefore, he could not sustain grievance petition under…
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