Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 38(3-a)---Termination of service---Grievance petition---On filing grievance petition by employs against order of termination of their service, employer raised certain preliminary questions and prayed that said legal questions should be decided first---Labour Court, after hearing parties, came to the conclusion that said questions being mixed questions of fact and law, should have been decided after giving parties opportunity to lead their respective evidence---Order of Labour Court not suffering from any illegality, incorrectness or even impropriety could not be interfered with in exercise of suo motu revisional jurisdiction of Labour Appellate Tribunal. Mehmood Abdul Ghani for Applicant Date of hearing: 8th February, 1999 ORDER Mr. Mehmood Abdul Ghani, Advocate for the applicant submits that the respondent worker's services were terminated by way of retrenchment on 6-2-1997. Worker being aggrieved sent a Grievance Notice to the applicant and then filed a Grievance Application before the learned Labour Court No.IV, Karachi. The applicant filed its reply statement wherein inter alia a number of legal objections were raised: (1) That, after the termination letter the respondent received all his dues in full and final settlement, he, therefore, cannot be taken as aggrieved worker. (2) After the retrenchment the respondent through Union filed a case before N.I.R.C alleging that it Was not a case of termination by way of retrenchment but a lock-out, this petition was dismissed by N. I.R:C: (3) If, it is not a case of termination by way of retrenchment but a lock-out, the remedy is not available to the respondent under section 25-A of I.R.O., 1969 but section 45 of I.R.O., 1969; (4) Earlier in point of time the respondent through Union had invoked the jurisdiction of N.I.R.C. that it was a case of lock-out but that petition was dismissed, therefore, respondent cannot adjudicating of the same issue before the learned Labour Court. The learned counsel for the applicant had filed an application before the learned Labour Court…

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