1984 PLP 1157 (PLC(CS))
AKHTAR ALI QADRI Versus JAVED SILK FACTORY, GUJRANWALA
| Citation | 1984 PLP 1157 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | N/A |
| Parties | AKHTAR ALI QADRI Versus JAVED SILK FACTORY, GUJRANWALA |
Q1: What are the key laws and sections cited in 1984 PLP 1157 (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 1157 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 1157 (PLC(CS)) (AKHTAR ALI QADRI Versus JAVED SILK FACTORY, GUJRANWALA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Judgment & Decree
‑‑ S. 25‑A‑Grievance notice to employer‑Mandatory ‑ Service of notice‑Proof‑Postal receipt not bearing complete address -Carries no presumption of service‑Service of notice not proved Labour Court, in circumstances, held, rightly dismissed grievance petition. Sardar Muhammad Adeeb, Representative for Appellant. Date of hearing : 27th April, 1982. This appeal arises from the decision, dated 15th February, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the appellant for his reinstatement in service was dismissed.
2. In the written statement the respondent had contended that no grievance notice had been served. To prove the service of grievance notice, the appellant tendered in evidence copy of the grievance notice Exh. P. 1, postal certificate Exh. P. 2 and postal receipt Exh. P.
3. No A./D. receipt was produced. If A./D. receipt had been produced and it had been found that it was bearing the signatures of the respondent, it could be said that notice was served. Certificate Exh. P. 2 is the attested copy and not original receipt bearing the signatures of the addressee. It, therefore, cannot be said whether actually the registered letter was delivered to the respondent and the respondent had signed it. On this receipt no address is given. On the postal receipt complete address is not decipherable. Only the words `Javed Silk' can be read. Complete address has not been given. It, therefore, cannot be said that the registered letter sent throug4 postal receipt Exh. P. 3 was sent on the correct address of the respondent If it is proved that a letter on the correct address had been posted and it bad not come back undelivered, the presumption would be that it was delivered to the addressee. In the present case since it has not been proved that the registered letter was sent to the respondent on his correct address. no such presumption that it had reached or delivered to the respondent can be drawn. The appellant came in the witness‑box but he too did not give the correct address in his statement on which he sent the registered letter. He simply produced the receipts. It, therefore, does not stand proved that the letter was sent to the respondent on the correct address, The learned trial Judge in these circumstances was justified to hold that the service of grievance notice does not stand proved. The provisions o, section 25‑A are mandatory and no grievance petition is competent without the service of grievance notice within time. The grievance petition of the appellant, therefore, was rightly dismissed. There is no force in the appeal, which is dismissed in limine. A. E. Appeal dismissed.