Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 47(3)---Grievance notice---Filing grievance petition without serving grievance notice on employer---Appeal---Grievance petition filed by employee was 'dismissed by the Labour Court on the ground that employee had not served the employers a grievance notice which otherwise was a mandatory requirement---Grievance notice would mean "to bring into the notice of employer the very grievances" which the aggrieved party intended to be redressed; irrespective of the fact as to whether it was named as departmental appeal, representation, or review/grievance notice---Employee, having filed departmental appeal, dismissal of his petition by the Labour Court, could not be held to be justified---Aggrieved person could not be non-suited on that hyper-technical objection when he had already brought his grievance into the notice of his employer---Judgment passed by the Labour Court was set aside and case was remanded to the Labour Court for fresh decision on merits. Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602; Mir Jaffar v. Government of N.-W.F.P. Transport Department through Secretary and another 2000 PLC 472; Allied Bank of Pakistan Ltd. through Attorneys v. Syed Nasir Abbas Naqvi 2003 PLC 20; PLD 1985 SC 46; 1998 SCMR 1618; PLD 1995 SC 406; 1995 SCMR 435; PLD 1995 546=1995 PLC (C.S.) 1191 ref. Asmat Kamal Khan for Appellant. Umar Sharif for Respondents. Date of hearing: 1st July, 2008. JUDGMENT HAFIZ TARIQ NASIM, J.---Facts leading to this Labour appeal are that the appellant joined PTCL as clerk BS-5 in the year 1973 was promoted as telephone operator BS-7 in 1989 but through order dated 4-8-1999 he was dismissed from service. 2. The only grievance in the present appeal is that the learned Labour Court wrongly dismissed the appellant's petition through judgment dated 29-9-2007 and the appellant prays for setting aside of the same and remand the case to the learned labour Court for deciding afresh on merits. The learned counsel for the appellant submits that the petitioner aggrieved of the order passed by the respondent, has filed departmental appeal and then invoked the…

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