Case Details

Citation(s)
2007 SLG 1895 2007 SLD 1895 2007 PLC 375
Sindh High Court
Appeals Nos.4 and 5 of 2004, decision dated: 16-04-2007.
MUHAMMAD MOOSA K. LEGHARI, J

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TAUFIQ AHMED and another

VS

Messrs TAKBEER WEEKLY through General Manager Labour TAUFIQ AHMED and another vs Messrs TAKBEER WEEKLY through General Manager Labour

Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 47(3)---Termination of services---Grievance notice and grievance petition---Appeal to High Court---Appellants were "Newspapers Employees"---Consequent upon the Award given by the 7th Wage Board, wages of all categories of workmen including the `Newspapers employees' were increased, but such benefit was not extended to the appellants---On insistence of appellants for awarding such benefit to them, services of appellants were terminated without issuance of any show-cause notice or affording any opportunity of hearing on the ground that the Management was suffering financial losses for last many months---Grievance notice served by appellants on the management having not been responded, appellants filed separate grievance petitions praying therein for reinstatement in service with full back benefits---Management in written statement, raised preliminary legal objections regarding maintainability of grievance petitions on various grounds---Labour Court accepted legal objections of management to the extent that no prayer for. reinstatement was made in the grievance notice and Labour Court summarily dismissed grievance petitions of appellants, who had filed appeal against of the Labour Court---Validity---Management never denied receipt of a document claimed by appellants as grievance notice, but objection of Management was that it could not be termed as grievance notice for reinstatement in service---Contents of the grievance notice, manifestly showed that appellants had stated in categorical terms that they were very much aggrieved by termination of their services---Sole purpose of issuing grievance notice was to bring to the notice of the employer/Management that concerned worker was "aggrieved" by any action on the part of Management---Legislature had not prescribed any pro forma or format of grievance notice---Even in law, no provision had been made for service of grievance notice through a legal practitioner which itself was adequate to assume that the Legislature intended to avoid all kinds of technicalities, so far as dispensation of labour adjudication was concerned---Summary disposal of…
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