Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition--Notice--Appellant worker before filing grievance petition failed to serve mandatory grievance notice upon respondent employers on their correct and proper address--Grievance petition, held, was not maintainable and was liable to be dismissed on that score-- (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal from service--Misconduct--Enquiry proceedings establishing that appellant worker deliberately disobeyed lawful orders of his superiors and as such committed a gross misconduct for which he was liable to dismissal from service--Order of Labour Court, dismissing grievance petition of worker against order of his dismissal from service was maintained. DECISION These are two appeals filed by the appellants against a common impugned order, dated 19-4-1984 passed by the Sind Labour Court No.1 Karachi, who had dismissed the grievance petitions of the appellants under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that both the appellants were permanent employees of the respondent establishment since last 15/ 16 years. On 10-10-1982, they were issued a charge-sheet alleging their insubordination and refusal to obey the lawful orders of the employers resulting into the losses to the respondent establishments. The reply to charge-sheet was not found satisfactory, therefore, a domestic enquiry was held against them resulting in their dismissal from service. The appellants claimed that after proper service of grievance notices upon the respondent establishment, they preferred grievance petitions before the learned Labour Court. 3. The respondent establishment resisted the petitions mainly on the legal objection that the appellants had failed to serve mandatory grievance notices upon the employer, therefore, they could not maintain their grievance petitions under section 25-A, I.R.O. 1969. On merit, they have claimed that as the charge of misconduct was fully established against the appellants in a proper fair, impartial and lawful domestic enquiry, therefore, they were rightly dismissed from service nor they could not maintain…

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