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MUHAMMAD SHAFI versus MESSRS MADINA TEXTILE AND PRINTING WORKSHOP, LYALLPUR


The West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 section O 18 worker failed to bring the employer's notice in writing within 15 days, instead applying to the Industrial Court under section O 18 (6). It is not worth holding on to, in the circumstances

1970 P L C 372

[Industrial Court West Pakistan]

Present: Mushtaq Hussain Munir, Chairman, Agha

Muhammad Shah and Ch. Rehmatullah, Members

MUHAMMAD SHAFI

Versus

MESSRS MADINA TEXTILE AND PRINTING WORKSHOP, LYALLPUR

Application No. 229 of 1968, decided on 30th December 1968.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

---S. O. 18‑Worker failing to bring his grievance to employer's notice in writing within 15 days‑Instead informing Labour Officer within prescribed time‑Application to Industrial Court under S. O. 18(6), in circumstances, held, not maintainable.

Nazir Ahmad Naz for Petitioner.

Al Mukhtar Ahmad for Respondent.

ORDER

MUSHTAQ HUSSAIN MUNIR (CHAIRMAN).‑

Reply has been filed by the respondent. Since it reveals that clause (a) of Standing Order No. 18 of the West Pakistan Industrial and Com mercial Employment (Standing 'Orders) Ordinance, 1968, has not been complied with, arguments have been heard.

It is not denied by Mr. Nazir Ahmad Naz Representative of the petitioner, that the petitioner did not bring his grievance to the notice of his employer in writing within fifteen days of the occurrence of the cause of the grievance. He, however, contends, that since the petitioner informed the Labour Officer within time, it should be considered, that the grievance has been brought to the notice of the employer. I am not inclined to agree with him. Where the law requires a certain thing to be done in a certain manner, it should be done in that manner or not at all. The law requires 'that notice should be given to the employer and that too in writing. This has not been done. Therefore, since the provisions of clause (a) of Standing Order 18, has not been complied with, the application is not maintainable. I find no force in it and the same is hereby dismissed

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