Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability of---Petitioner/appellant who worked for about 15 years in respondent-Company, himself resigned, and collected arrears of salary, but later on his demand for payment of gratuity was not accepted on part of Company on ground that petitioner who had himself resigned was no longer employee of Company and was not entitled to gratuity---Resignation of petitioner was not in connection with any industrial dispute as neither his services were terminated nor he was dismissed from service in consequence of any industrial dispute---Petitioner who was not employee or workman at tinge of filing his grievance petition could not seek remedy under S. 25-A of Ordinance, 1969 but could have recourse to ordinary remedy under civil law. Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213 ref. Mehmood Habibullah for Appellant. Muhammad Hanif Khan for Respondent Date of hearing: 4th December, 1994. DECISION This appeal arises from an order passed by the Fifth Sindh Labour Court at Karachi in an application under section 25-A of the I.R.O., 1969, for payment of arrears of gratuity. 2. The appellant was working as Stenographer and Telex Operator with the respondent-Company. After about 15 years service the appellant tendered his resignation which was accepted and the appellant was relieved. The arrears of salaries were paid to him but the gratuity amounting to Rs.43,710 was withheld. It was argued before the Labour Court by the Counsel for the Company. that the Court had no jurisdiction to entertain the application as the applicant Gul Haider was no longer in the ,I employment of the Company as a worker, having already resigned. The learned Advocate for the appellant, on the other hand, cited some decisions that resignation was no bar to entertaining a claim for payment of wages by the Labour Court. 3. Both the Advocates for the parties have cited decisions in support of their contention. Mr. Mehmood Habibullah has referred to a decision of High Court of Sindh in Constitution Petition No. 454 of 1990 -- National Bank of Pakistan v. Chairman, Sindh Labour Appellate…

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