Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A---Grievance notice---Scope of section---Stress upon limitation---Cause of action not mentioned in grievance notice---Workman removed from service for misconduct---Grievance petition challenging vires of charge-sheet---Grievance notice not containing any such plea and referring to workman as office-bearer of union---Grievance with regard to vires of charge-sheet, held, was not entertainable and petition for such grievance was dismissed on point of limitation. ORDER The question is raised of legal importance, whether the notice of the grievance which worker has served on the employer, for the jurisdiction to assume, of his competency to file petition, in the Labour Court a/s 25-A I.R.O., is the notice of grievance, to grant him relief, on the notice of the grievance of past action. 2. It is in this context, what Mr. Muhammad Hussain has said, in the notice of grievance that what he has testified before Labour Court, has been referred by the counsel for the respondent: "It is incorrect that I had never come to the mill from 22-1-1986, until I was dismissed on 15-3-1987. I do not know if I had given any Shekaiti Khat, after my dismissal. But I had given my grievance notice. I do not know what is the grievance notice because I am not literate. It is correct that I had not made any complaint in my grievance notice regarding the charge-sheet. I do not remember if I had written in my grievance notice that my employment in the mill terminated on 23-2-1987. I was removed from employment on 23-12-1986. I do not know if I have not stated in my application that I was removed from employment on 23rd December, 1986." 3. Firstly, the applicant has shown uncertainty of the date of notice or even the context of the notice, what the grievance notice means. 4. If the Court understands that the witness, is not educated in the sense, to be confused, what the notice is, otherwise, in the notice, the language he himself has drafted or drafted by somebody else, the question still arises whether the cause of action, for the purpose of redress is to challenge the charge-sheet or to have the grievance of the removal of the…

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