Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance notice not proved to have been served--Grievance petition, held, not maintainable. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A-- Grievance petition signed by Advocate and not by aggrieved person-­Such petition, held, was not maintainable. Riaz Husain Baloch for Appellant. Qazi Sajid Ali for Respondent. Date of hearing: 10th September, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 8-2-1987, passed by the Sind Labour Court No. li, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O., 1969. 2. Brief facts of the case are that the appellant claimed to have been permanently working as a Mechanic Fitter in the respondent factory since 6-7-1982 on a monthly salary of Rs. 1,500 and that as he was not provided other legitimate and lawful benefits. He demanded thetas from the respondents, therefore, on his refusal to give up these demands, he was verbally terminated from service on 4-12-1984. The appellant further claimed that his termination from service was colourable exercise of powers in violation of the provisions of Standing Order 12(l). Thus being aggrieved he served upon the respondent factory a grievance notice on 15-2-1984 and filed petition before the learned Labour Court. 3. The respondent factory resisted the grievance petition on a number of legal as well as factual points and had claimed that the appellant's assignment was temporary as Supervisor Mechanic Fitter on a monthly salary of Rs. 1,500.00 having all powers of hire and fire. They denied that the termination of the appellant was illegal, mala fide and contrary to the provisions of law. The respondent management also challenged the maintainability of the grievance petition of the appellant, mainly on two grounds firstly that the appellant did not comply with the legal requirement by properly and reasonably serving a grievance notice upon them before filing his grievance petition before the learned Labour Court and secondly, that the grievance petition was not signed by the aggrieved person i.e. the appellant himself,…

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