| Citation(s) |
|---|
| 1995 SLG 1225 1995 SLD 1225 1995 PLC 393 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-341 of 1994/Pb., decided on 15th March, 1995.
SH. ABDUL WAHEED, APPELLATE TRIBUNAL
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Appeal No. LHR-341 of 1994/Pb., decided on 15th March, 1995.
SH. ABDUL WAHEED, APPELLATE TRIBUNAL
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MUHAMMAD HAYAT
VS
GENERAL MANAGER; COOPERATIVE INSURANCE SOCIETY OF PAKISTAN LIMITED, LAHORE
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability---Grievance petition filed by employee seven days after serving grievance notice by him on employer, was dismissed on ground that same was premature having been filed before expiry of period of fifteen days from date of service of grievance notice---Provisions of S.25-A did not envisage a bar on employee to file a grievance petition before expiry of fifteen days from date of service of his grievance notice---Period of fifteen days was provided to employer to give a decision on dispute agitated before him by an employee by way of a grievance notice---If an employee, in view of urgency of his grievance, was constrained to file a grievance petition in Court before expiry of period of fifteen days from date of service of grievance notice Court could wait till expiry of that period to see what decision had been passed by employer meanwhile---Dismissal of grievance petition on ground of its being premature was unjustified. Ghulam Nabi v. District Manager, Government Transport Service, Islamabad 1980 PLC 568(a) ref. M.A. Hamid Awan for Appellant. Muhammad Hanif Niazi for Respondent. Date of hearing: 15th March, 1995. JUDGMENT This is an appeal from the decision of the Punjab Labour Court No.1, Lahore, dated 26th of June, 1994, whereby the grievance petition filed by the appellant was dismissed on the ground that it was premature. 2. The appellant was employed with the respondent as a Daftri. After having rendered service for about twenty years, he resigned and his resignation was accepted with effect from 3rd of June, 1983. However, he was re-appointed as a Daftri with effect from 4th of June, 1983 on contract basis. His contractual service was terminated with effect from the afternoon of 28th of February, 1991. He assailed the termination order before the N.I.R.C. and obtained a stay order in his favour. This interim stay order was vacated on 21st of July, 1993. In spite of that, according to the allegation of the appellant, he was allowed to continue in service. However, on 13th of January, 1994 he was stopped from performing his duty by a verbal order. On 15th ofโฆ
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