Case Details

Citation(s)
1999 SLG 805 1999 SLD 805 1999 PLC 196
Labour Appellate Tribunal, Punjab
Appeal No. R.Y. Khan/282 of 1993, decision dated: 18-03-1998.
MIAN GHULAM AHMAD, CHAIRMAN

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MUHAMMAD SHAHBAZ ALI

VS

SENIOR PERSONNEL MANAGER, HEAD OFFICE, RAWALPINDI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------Ss. 22-A(8)(b) & 25-A---Grievance petition---Competency---Employee who was dismissed from service approached National Industrial Relations Commission by filing petition under S. 22-A(8)(b) of National Industrial Relations Ordinance, 1969---Pending petition before National Industrial Relations Commission, employee also filed grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 before Labour Court---Labour Court had refused to proceed with grievance petition filed before it by employee holding that likelihood of conflicting s being delivered by two forums could not be ruled out---Labour Court directed employee to exhaust his remedy before National Industrial Relations Commission first and he could approach Labour Court afterwards---Decision of Labour Court was upheld in appeal. Muhammad Suleman Malik for Appellant. Saleem Khan for Respondents. Date of hearing: 18th March, 1998 JUDGMENT By a judgment, rendered by Malik Mushtaq Ahmad, Presiding Officer, Punjab Labour Court No.8, at Bahawalpur, the grievance -petition filed under section 25-A of the Industrial Relations Ordinance, 1969 by the appellant was dismissed and he has preferred the present appeal before this forum. The appellant was dismissed from service on 9-7-1992, and he approached the National Industrial Relations Commission (N:I.R.C.), with a prayer that operation of the dismissal order be suspended. It was prayed that: the employer be directed not to commit any act of unfair labour practice and not to oust the official from service or revert him. According to the official, the order of his dismissal from service had been passed by the employer during pendency of his petition before the N.I.R.C. The learned lower Court has endorsed the view point of the employer that pendency of the petition of the employee in two forums, the N.I.R.C. and the Labour Court, being more or less similarly founded or based, the same may lead to multiplicity of proceedings, which the law ordains to avoid. 3. Learned counsel for the appellant maintains that the grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, having…
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