Case Details

Citation(s)
1988 SLG 1292 1988 SLD 1292 1988 PLC 720
Labour Appellate Tribunal, Punjab
Appeals Nos. LHR-349 and 351 of 1987, decided on 20th January, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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EMCO EMPLOYEES UNION (REGD.) CBA

VS

EMCO INDUSTRIES LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance notice sent by CBA on behalf of worker concerned, held, was validly served. (b) Industrial Relations Ordinance (XXIII oaf 1969)-- ---S.25-A--Grievance petition--CBA can file petition on behalf of individual workers--Petition by CBA itself not mentioning to have been brought or behalf of worker, held, was incompetent. M.A. Hameed Awan for Appellant Javed Dy. Manager for Respondent Date of hearing: 17th January, 1988 JUDGMENT The appeals captioned above emerge from the decisions dated 20-9-1987 recorded by learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala whereby the grievance petitions of the appellants were dismissed on the grounds that no grievance notice was given and that instead of the workers the Collective Bargaining Agent (C.B.A.) brought the grievance petitions. Since common questions of fact and law are involved in both the appeals, they are being disposed of together through this single judgment. 2. Before me it has been argued by the learned counsel for the respondents that the grievance notice is invalid inasmuch as it was sent by the union and not by the workers themselves and even the C.B.A. did not send the notice on behalf of the workers. This argument is not tenable. In the grievance notice it was mentioned that it was being sent on behalf of the workers. Section 25-A of the industrial Relations Ordinance, 1969 says that a grievance notice may be sent by the workers himself or through his shop steward or C.B.A. Thus the grievance notice sent by the C.B.A. on behalf of the workers was valid. So far as the service of grievance notice is concerned, the learned lower Court has held that it was not legally served because the notice was given by the General Secretary of the C.B.A. The learned lower Court has further observed that since according to…
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