Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A Grievance petition Maintainability Grievance notice was not served by the employee on the employer, but was served through his advocate Grievance notice was to be served by the employee on the employer either himself or through his shop steward or Collective Bargaining Agent and word "advocate" had not been mentioned in S.25 A of Industrial Relations Ordinance, .1969 Grievance notice having not been served by the employee on the employer in accordance with requirement of law, grievance petition filed on such invalid notice, was not maintainable. 1981 PLC 899 ref. Shah Hussain Tirmizi for Appellant. Riaz Hussain Baloch for Respondent. Date of hearing: 22nd May, 2001. DECISION By the order dated 15th December, 1999 the Sindh Labour Court No.V, Karachi dismissed the grievance petition filed under section 25 A of I.R.O., 1969 as being not maintainable. The grievance petition was filed by Muhammad Anwar hereinafter referred to as appellant. His case is that he was employed as peon in M/s. Morgan Chemicals, hereinafter referred to as the respondent Company, in .1980. Since then he was working to the satisfaction of his employers. After about 19 years of service the respondent-Company persuaded him to retire when he was drawing the salary of more than 5,000 per month and in return they promised to accommodate his three sons in service of salary of Rs.1,500 each per month and in addition they promised to give him salary of Rs.2,000 per month for a period of one year. Somehow the appellant turned down the said offer as it was not acceptable to him. As a result his services were terminated by order dated 9th July, 1999 on the basis of 15 allegations listed in the Termination Order. No prior notice of the termination was given to him nor any domestic enquiry was held against him. The appellant had therefore no option but to serve a grievance notice dated 17th July, 1999 through his advocate Mr. Shafiq Ahmed. His grievance having remained unredressed he filed grievance petition on 14 10 1999. 2. In the Reply Statement the respondent Company raised Preliminary Objection that the grievance notice was not served by the…

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