1991 PLP 591 (PLC(CS))

(c) Industrial Relations Ordinance (XXIII of 1969)

S. 25-A

Grievance notice

Production of copy

Question of fact

Whether document which was intended to be produced was copy of grievance notice at issue and whether it was served upon employer was a question of fact which the Labour Court would consider after evidence of parties was received. S.M. Jamil Raza Zaidi for Applicants. Date of hearing: 28th November, 1990. All these seven revision applications involve only one common question. It appears that the respondents in all the revision applications filed grievance applications in which they annexed copy of some other grievance notice. After the affidavits-in-evidence were filed by the respondents and during the course of the cross-examination, the respondents alleged that the grievance notices produced with their respective grievance applications were wrong and that actual grievance notices were not filed and, therefore, they wanted to produce copies of actual grievance notices.

2. An objection was raised by the applicants before the learned Labour Court against allowing the production of the copies of the grievance notices at that stage which objection was rejected by the learned Labour Court, vide its orders, dated 6-11-1990. These revision applications are directed against the aforesaid orders of the learned Presiding Officer, Sindh Labour Court No. I, at Karachi requesting this Tribunal to examine the legality, correctness and propriety of the aforesaid orders in exercise of its suo motu revisional jurisdiction under section 38(3-a) of the Industrial Relations Ordinance, 1969. This order will dispose of all the seven revision applications.

3. I have heard Mr. Jamil Raza Zaidi, learned Advocate for the applicants. The question as to whether a document viz. copy of grievance notice, that the respondents want to produce in the grievance applications pertained to the grievance at issue, is a question of fact which can only be decided after evidence of both the parties is recorded. Mr. Jamil Raza Zaidi, the learned Advocate for the applicants contends that because the respondents did not produce copy of the grievance notice alongwith the grievance application, they cannot produce the same at later stage. I am afraid I cannot agree with Mr. Jamil Raza Zaidi. The law requires that no grievance application can be filed unless the grievance notice is first served upon the employer. However, there is no provision of law that the copy of grievance notice has to be attached with the grievance application at the time of presentation. Technically provision of Civil Procedure Code with regard to the stage of production of documents would not strictly be applicable in the proceedings under Labour Laws. The purpose of Labour Laws being to advance the welfare of the workmen, their applications for relief or redress of the grievance cannot be rejected on such technical ground.

4. As pointed out, it is a question of fact as to whether the document which now the respondents intend to produce is a copy of grievance notice at issue and that it was served upon the applicants is a question of fact which the learned Presiding Officer would consider after the evidence of the parties is recorded. If the cross-examination of the respondent is closed in any case the applicants should be given opportunity to cross-examine the respondent if he produces the document.

5. I find no reason to interfere with the impugned order of the learned Labour Court. The revision applications are, therefore, dismissed. M.Y.H./1798/Lb.S ????????????????????????????????????????????????????????????????? Petitions dismissed.