Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) ----S. 25-A---Grievance petition---Maintainability---Employee who was denied arrears of pay, could not prove service of grievance notice on employers which was a condition precedent for grievance petition---Employee also could not prove that his claim with regard to payment of arrears was covered by any settlement---Grievance petition filed by employee was not maintainable, in circumstances. Muhammad Shafiq Quraishi for Appellant. Abdus Samad for Respondents. Date of hearing: 19th September, 1994. DECISION This appeal calls in question the order of the IVth Labour Court whereby the petition filed under section 25-A, IRO came to be dismissed. Briefly stated it arose in the following circumstances:- The petitioner was appointed as a Crane Operator on 25-5-1983 which was in Group IV. However the anomaly about which he clamoured was removed and he was put in. Pay Group-V on 5-12-1988 with effect from 1983 but sans arrears. In 1991 he was promoted to pay Group VI with effect from 1983. This time again he was denied the arrears. 2. He had given grievance notice on 1-10-1991 which was not replied too. The petition before the Labour Court, as a result has followed. 3. It came to be resisted on the ground that it was barred by res judicata as an earlier application of 1990 which was in regard to the recovery of arrears had been dismissed. It was contended that there was no grievance notice which was a condition precedent for the petition. Further as the grievance petition was not based on law, settlement or award the same was liable to be thrown out. 4. The petitioner was his own witness and Muhammad Sharif, Assistant Manager appeared on behalf of the respondent. 5. The Labour Court found that the service of the grievance notice was not proved and that the demand of the petitioner was not covered by any settlement. On the other hand' the settlement effective from 23-4-1990 to 22-4-1992…

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