| Citation(s) |
|---|
| 1998 SLG 1337 1998 SLD 1337 1998 PLC 376 |
Labour Appellate Tribunal, Punjab
Appeal No. 193 of 1996, decision dated: 24-05-1997.
MIAN GHULAM AHMAD, CHAIRMAN
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Appeal No. 193 of 1996, decision dated: 24-05-1997.
MIAN GHULAM AHMAD, CHAIRMAN
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MANZOOR HUSSAIN
VS
THE PROVINCE OF THE PUNJAB through Secretary, Communications and Works Department, Lahore and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Grievance notice---Service of---Employee though did not issue grievance notice to employer within prescribed period of three months, but after about ten days of accrual of cause of action, employee addressed an application to employer requesting that same be registered as grievance notice---Application filed by employee was duly entered in the dally diary or the relevant register maintained in office of employer, but in the opinion of Labour Court that fact alone did not establish that service of grievance notice as required by law, had been affected on the employer----Held, if the application was treated as valid notice, its entry in the relevant register would serve to show that it had reached the hands of employer to whom it was addressed. (b) Industrial dispute--- ----Promotion---Reversion---Employee, who got promotion superseding as many as 54 co-employees by approaching Chief Minister, having failed to justify his promotion, was reverted to his original post when aggrieved co-employees who were seniors to him including President of Labour Union lodged protest against such out of turn promotion---Mere fact that employee was not afforded an opportunity of hearing before his reversion, would not give rise to a cause in his favour---Authority, even no less than Chief Minister had to act in accordance with law, rules and regulations of services and principles of natural justice---Employee, thus, was rightly ordered to be reverted. Asmat Kamal Khan for Appellant. Nemo for Respondents. Date of hearing: 31st March, 1997. JUDGMENT By way of the instant appeal has been impugned soundness of the decision dated 21-7-1996, rendered by the learned Labour Court No. 1, Lahore, dismissing Manzoor Hussain's grievance petition, under section 25-A, Industrial Relations Ordinance, 1969, for lack of jurisdiction. 2. Manzoor Hussain was employed in March, 1981, as sewerman, in the Department of Communications and Works, Government of the Punjab, On 1-6-1982 he was promoted as tube well operator. In the seniority list of the work-charged establishment, he figured at serial No. 55. The same is Exh.R-3. He was…
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