Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability of---Grievance petition filed without first riling departmental appeal would be maintainable. Port of Karachi v. Abdul Ghani 1983 SCMR 769 ref. Gohar Iqbal for Appellant. Abdul Hafiz Khan for Respondents. Date of hearing: 9th May, 1991. DECISION This is an appeal against the order of the learned Labour Court No. IV dated 10-10-1989, whereby the grievance petition of the appellant was dismissed as not maintainable on the ground that he had not filed departmental appeal before filing grievance petition under section 25-A of I.R.O., 1969. . 2. I have heard Mr. Gohar Iqbal for the appellant and Mr. Abdul Hafiz Khan for the respondents and have also gone through the record and proceedings of this case. 3. Mr. Gohar Iqbal has relied upon the case of Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769. In that case the workman had moved the Labour Court under section 25-A of I.R.O., 1969 without first filing the appeal to the competent Authority under the Karachi Port Trust Act, 1886. The KPT raised the plea that the grievance petition was not maintainable without first filing appeal under the Karachi Port Trust Act. Their Lordships, however, observed:-- "There is no provision in the Karachi Port Trust Act, 1886, which can be read to exclude the applicability of the Industrial Relations Ordinance, 1969, and for that matter section 25-A of the Ordinance. It is true that an appeal is provided under section 23 of the Karachi Port Trust Act, 1886, but there is no apparent bar against the availability of section 25-A of the Ordinance; and ought it be said that…

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