ABDUL AZIZ KHANANI Versus GRANULARS (PVT.) LTD., KARACHI

DECISION

The appellant was working as an Accountant with the respondents. He resigned on 18‑7‑1988 and the resignation came into effect from 1‑8‑1988. On the 17th of August he sent a letter to the respondents in which he complained that he had been denied gratuity and the same should be paid to him. There was another letter sent in regard to the demands in which it was said if there was any delay "I will proceed further". Then came another letter on 25‑9‑1988 in which some additional demands were also made. As there was no satisfaction accorded to him, he preferred a petition in the Labour Court.

2. The petition came to be resisted inter alia on the ground that it was barred by time.

3. Answering this issue in the affirmative the petition came to be dismissed resulting in this appeal.

4. According to section 25‑A of the I.R.O. the grievance notice has to be served within 3 months of the day on which cause of such grievance arose. Then comes subsection (2) wherein it has been laid down that the employer has to communicate his decision within a period of 15 days. If he failed to communicate or if the worker was dissatisfied with such decision, remedy will be sought from the Labour Court "within two months of the date of communication of the employer etc."

5. According to the scheme of the law the grievance notice has to be sent by the worker in his own name. As it has to emanate from a layman a simple communication conveying the grievance is enough.

6. It is a settled law that there is only one grievance notice and therefore it is hardly necessary to refer to the citations in that context.

6‑A. The petition was filed on 26‑11‑1988. Computing the 2‑1/2 months from the despatch of the first letter, manifestly more than 2‑1/2 months are involved in. the filing of the petition. Even ; if the second letter, wherein the threat was conveyed has to be taken into consideration even then the period between this letter and petition exceeds the prescribed period. One cannot gain time by working out the figures and saying that this was the grievance notice. The grievance notice, under the law, was the first letter.

7. I am, therefore, of the opinion that the appeal is devoid of any merit. I will, therefore, uphold the impugned order and dismiss the appeal.

H.B.T./2146/Lb.S ?????????????????????????????????????????????????????????????????????????????? Appeal dismissed.