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Appeal No. KAR‑602 of 1980, heard on 18th September, 1980.
‑‑S. 25‑A (4)‑Grievance petition before Labour Court through Attorney‑Not maintainable.
Question before the Labour Appellate Tribunal was whether a worker is entitled to file and maintain a grievance petition before Labour Court under S. 25‑A through his lawfully constituted attorney:
Held it is only the parties specifically mentioned in the said sub section which are entitled to file and maintain grievance petitions. The provision of subsection (4) of S. 25‑A of the Industrial Relational Ordinance, 1969 must be read in harmony with those of subsection (1). If the inten tion of the Legislature is that the grievance notice must be given by the worker himself, as a necessary consequence, the grievance petition must also be filed by the worker himself, or his Shop Steward or the C. B, A. as provided in section 25‑A.
Muhammad Ahmad for Appellant.
Date of hearing : 18th September, 1980.
The sole issue which arises for consideration in the instant appeal is whether an aggrieved worker is entitled to file a grievance petition through his attorney.
2. Mr. Muhammad Ahmad, the learned counsel for the appellant contended that a worker is entitled to file and maintain a grievance petition through his lawfully constituted attorney. I regret that I see no force in this contention and would agree with the view of the learned Labour Court that since the grievance petition was filed by the worker through his attor ney, it is not maintainable. Subsection (4) of section 25‑A, I. R. O., which provides for filing of grievance petitions in the Labour Court reads as follows : ‑‑
"(4) If the employer fails to communicate a decision within the period specified in subsection (2) or, as the case may be, subsection (3), or if the worker is dissatisfied with such decision, the worker or Shop Steward may take the matter to his Collective Bargaining Agent or the Labour Court, or, as the case may be, the Collective Bargaining Agent may take the matter to the Labour Court, and where the matter is taken to the Labour Court, it shall give a decision within seven days from the date of the matter being brought before it as if such matter were an industrial dispute."
3. A bare perusal of the above provision makes it clear that there are only 3 parties who are entitled to file a grievance petition, the worker himself, the Shop Steward and the C. B. A. In the case of Syed Muhammad Hussain v. Pakistan Tobacco Company, decided on 8th March, 1980, their Lordships of the Supreme Court have held that a grievance notice under subsection (1) of section 25‑A, I. R. O., can only be given by the worker himself, his Shop Steward or the C. B. A. and cannot be given on his behalf by his Advocate. It may be pointed out that the provisions relating to service of notice on the employer in this behalf are substantially similar to those governing the filing of the grievance petition. Mr. Muhammad Ahmad, however, submitted that whereas the grievance notice is required to be served by the worker himself, in subsection (4) the important word him self' is missing. Because of this omission, he wanted this Tribunal to infer that a grievance petition could be filed by the worker through his Attorney. I regret that I see no force in this contention. The mere fact that the word himself' has not been used in subsection (4), in my opinion, makes no material difference. As I construe subsection (4), it is only the 3 parties specifically mentioned in the said subsection which are entitled to file and maintain grievance petitions. The provision of sub section (4) must be read in harmony with those of subsection (1). If the intention of the Legislature is that the grievance notice must be given by the worker himself, as a necessary consequence, the grievance petition must also be filed by the worker himself, or his Shop Steward or the C. B. A., as provided in section 25‑A.
4. As in the instant case admittedly the grievance petition has not been filed by the aggrieved worker, his Shop Steward or the C. B. A., the grievance petition was not maintainable by the learned Labour Court and was rightly dismissed. I accordingly dismiss the appeal in limine.
Appeal dismissed.
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