PLC(CS) 1982

1982 PLP 490 (PLC(CS))

ZARWALI Versus JUPITER TEXTILE MILLS LTD., HYDERABAD

Jurisdiction / Court
Labour Appellate Tribunal Sind
Decided Date
Appeal No. HYD‑639 of 1981, decided on 2nd December, 1981.
Honorable Judges
Z. A. Channa, Appellate Tribunal
Case Reference Summary (AEO Optimized)
Citation 1982 PLP 490 (PLC(CS))
Forum / Court Labour Appellate Tribunal Sind
Bench Members Z. A. Channa, Appellate Tribunal
Parties ZARWALI Versus JUPITER TEXTILE MILLS LTD., HYDERABAD
Primary Law Industrial Relations Ordinance (XXIII of 1969)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1982 PLP 490 (PLC(CS))?

This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1982 PLP 490 (PLC(CS))?

The case was heard and decided by the Labour Appellate Tribunal Sind bench comprising: Z. A. Channa, Appellate Tribunal.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1982 PLP 490 (PLC(CS)) (ZARWALI Versus JUPITER TEXTILE MILLS LTD., HYDERABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Ordinance (XXIII of 1969)‑‑

Representation

  • Ali Amjad for Appellant.
  • Date of hearing: 2nd December, 1981.
  • ‑‑ S. 25‑A‑Grievance notice through Advocate‑Not valid Grievance petition founded upon such notice‑Not maintainable.
  • 2. I have heard Mr. Ali Amjad, Advocate, for the appellant and I am of the view that there is a stronger ground on which the grievance petition of the appellant was not maintainable and hence this appeal merits dismissal. 1t has been admitted by the appellant in his evidence before the learned Labour Court that he had served the requisite grievance notice upon the employer through an Advocate. . It has been held by the Supreme Court in the case of Muhammad Hussain v. Pakistan Tobacco Company. Ltd. (P L D 1980 S C 80), that a grievance notice served by an Advocate on A behalf of his client is not in conformity with the requirements of subsection (1) of section 25‑A, I. R. O., and that the grievance petition founded upon such notice is not maintainable. Relying on the above authority, I would dismiss this appeal in limine.

Headnotes / Summary

‑‑ S. 25‑A‑Grievance notice through Advocate‑Not valid Grievance petition founded upon such notice‑Not maintainable. Muhammad Hussain v. Pakistan Tobacco Company Ltd. P L D 1980 S C 80 rel.

Judgment & Decree

Appeal No. HYD‑639 of 1981, decided on 2nd December, 1981. ‑‑ S. 25‑A‑Grievance notice through Advocate‑Not valid Grievance petition founded upon such notice‑Not maintainable. Muhammad Hussain v. Pakistan Tobacco Company Ltd. P L D 1980 S C 80 rel. Ali Amjad for Appellant. Date of hearing: 2nd December, 1981. The appellant, who was employed as a Winder in the respondent Mills at Hyderabad, was dismissed from service by order, dated 30th September, 1980. The dismissal orders are based on the report of the enquiry officer, Sirajuddin, who was appointed to hold enquiries into the charges of misconduct against the appellant. These charges were that he had assaulted, beaten and abused Mr. Israr the Spinning Master in the Mills. The appellant challenged the orders of his dismissal before the learned Labour Court through a grievance petition filed on 24th December, 1`

980. The learned VIth Labour Court has dismissed the appellant's grievance petition holding that the dismissal orders are valid and proper and are passed en consequence of a domestic enquiry in which the misconduct alleged against the appellant was duly established. Aggrieved by this decision, the appellant has come up in appeal to this Tribunal.

2. I have heard Mr. Ali Amjad, Advocate, for the appellant and I am of the view that there is a stronger ground on which the grievance petition of the appellant was not maintainable and hence this appeal merits dismissal. 1t has been admitted by the appellant in his evidence before the learned Labour Court that he had served the requisite grievance notice upon the employer through an Advocate. . It has been held by the Supreme Court in the case of Muhammad Hussain v. Pakistan Tobacco Company. Ltd. (P L D 1980 S C 80), that a grievance notice served by an Advocate on A behalf of his client is not in conformity with the requirements of subsection (1) of section 25‑A, I. R. O., and that the grievance petition founded upon such notice is not maintainable. Relying on the above authority, I would dismiss this appeal in limine.