1982 PLP 896 (PLC(CS))

‑‑ S. 25‑A‑Grievance petition‑Grievance notice to employer not given within prescribed period of limitation of 3 months‑Grievance petition not maintainable. A. Razak Puri for Appellant. Date of hearing: 31st January, 1982. The appellant, who is presently working as a Trimmer Mistry in the Pakistan Railways in the Karachi Division, filed a grievance petition on 27th April, 1981, before the learned Vth Labour Court claiming seniority over one Fahimuddin, who has been working as Junior Chargeman since 5th May, 1967. This grievance petition has been dismissed by the learned Labour Court by its decision; given on 25th November, 1981, on two grounds, the first being that there was no evidence to indicate that the appellant was senior to the said Fahimuddin and on‑ the e9ntrary the evidence on record indicated the reverse, and the other ground being that the appellant's grievance notice as well as hi: grievance petition are time‑barred.

2. Now as regards the first ground, which weighed with the learned Labour Court, it is grounded mainly in the evidence of the appellant himself. He has admitted in his cross‑examination before the learned Labour Court that when on 5th May, 1967 respondent Fahimuddin was promoted as Junior Chargeman, the appellant was holding the far junior post of Trimmer. He has further admitted that he had worked for two years under Fahimuddin. There is nothing to indicate that the appel lant had at that time challenged the seniority of Fahimuddin or objected to working under him on the ground that he was senior to Fahimuddin. This ground on which the learned Labour Court has dismissed the appellant's grievance petition is therefore well‑founded.

3. The second ground on which the learned Labour Court had dis missed the appellant's grievance petition is equally weighty. Section 25‑A, I.R.O., requires that an aggrieved workman must give a grievance notice to his employer within three months of the grievance having arisen while the grievance petition must be filed within a maximum period of two and a half months from the date of the service of the notice on the employer, provided that such service is effected within the prescribed period of three months. In the instant case it is an admitted position that respondent Fahimuddin was promoted as Junior Chargeman on 5th May, 1967. The grievance notice, however, was given on 9th April, 1981 't while the grievance petition was filed on 27th April, 1981. As the appel lant and respondent Fahimuddin admittedly are both working in the same shed the appellant cannot be heard to say that he was unaware of Fahimuddin's promotion. In fact he has indirectly admitted in his grie vance petition that he was aware of the said promotion by asserting that he had made several representation to the authorities challenging Fahimud din's promotion. These representation if made, do not extend the period for service of the grievance notice or the filing of a grievance petition as admittedly the cause of grievance arose on 5th May, 1967, when Fahimuddin was promoted as Junior Chargeman.

4. For the reasons discussed by me above, I find no merit in this appeal and would dismiss the same in limine. Appeal dismissed.