ZUREM DAD KHAN Versus Messrs MUHAMMAD ASHRAF & SONS

DECISION

These are two appeals, separately filed by the appellants against a common impugned order, dated 31‑3‑1987, passed by the Sind Labour Court No.1, Karachi, who had dismissed the grievance petitions of the appellants under section 25‑A, I.R.O. 1969. As the legal point involved in both these appeals is same and similar therefore, I would also dispose of both these appeals by this single decision.

2. Brief facts of the cases are that both the appellants claimed to be the permanent employees of the respondent establishment and as they were illegally removed from their employments without either issuing any show‑cause notice and or conducting any domestic enquiry. as per provision of law, therefore, they had submitted their respective grievance petitions before the learned Labour Court after serving the proper grievance notices upon the respondent establishment.

3. The respondent establishment resisted both the petitions mainly on the legal ground that none of the appellant had sent the grievance notice to the respondent establishment, therefore, both the petitions, were not legally maintained and were liable to be dismissed on this legal point alone. As regards the merits of the cases, the respondent establishment claimed that the services of the appellants were never dispensed with and in fact the appellants had themselves left the services in their own. Therefore, on merits also, the appellants, were entitled to maintain their petitions before the learned Labour Court which were liable to be dismissed also on this ground.

4. Both the parties filed their respective affidavits‑in‑evidence and they were duly cross‑examined. Thereafter the, learned Labour Court has passed the common impugned order, hence, the present two appeals,

5. I have heard Mr. S.M. Kohistani, the learned Advocate for the appellants and Mr. S.S. Jehangir, the learned Counsel on behalf of the respondent establishment and have also perused the record and proceedings of both the cases. It is an established position that none of the appellants has averred the service of the grievance notice upon the respondent establishment before filing their grievance petitions before the learned Labour Court. The service of the grievance notice is mandatory requirement of law. There is nothing wrong with the impugned order. The learned Labour Court has rightly dismissed both the grievance petitions of the appellants only on this legal issue.

6. For the reasons stated by me above, I see no reason to interfere with the impugned order and would maintain the same. Both the present appeals are accordingly dismissed.

A.E./1113/Lb.S Appeals dismissed.