Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.25 A. & 37(3) Withdrawal of grievance petition Filing fresh grievance petition after withdrawal of the earlier one Employees, after return of petition by National Industrial Relations Commission for want of jurisdiction filed grievance petition before Labour Court with considerable delay and without service of statutory grievance notice Labour Court, on account of such defects allowed petitioners to withdraw the grievance petition with leave to file fresh one Validity For removal of some technical defect lis, suit or petition, could be permitted to be withdrawn but situation in the matter of employees was altogether different because employees after unsuccessfully approaching the National Industrial Relations Commission had filed grievance petition before Labour Court without service of grievance notice in time For removal of such fatal defect, an endeavour was being made and Labour Court had come to the rescue of the employees apprehending their technical knock out Order of Labour Court allowing employees to file fresh .grievance petition, being unjustified, could not be upheld Labour Appellate Tribunal set aside order of Labour Court in appeal. Syed Safdar Imam Bukhari for Appellant. Muhammad Arif Sindhu for Respondent No. 1. JUDGMENT By an order, dated 4 12 1998, the learned Presiding Officer of the Labour Court Multan granted permission to Hamayun Hasan, etc., grievance petitioners before him, to file the grievance petition afresh, after leave to withdraw the previous petition was allowed. 2. These persons were serving as employees in different capacities in the factory and had filed a grievance petition against their removal from service. It was also prayed that they be allowed to continue in service, and their resignations be not obtained against their wishes. 3. The employees initially had access to the N.I.R.C. and subsequently they approached the Labour Court in the matter. The N.I.R.C. and returned the petition for want of jurisdiction. The fact remains that the grievance petition was filed with considerable delay and without service of the statutory grievance notice. Proceedability of the petition…

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