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MRS. SHAH JEHAN versus MESSRS PFIZER LABORATORIES LTD.


Industrial Relations Ordinance 1969 Section 25 Complaint against dismissal applicant in which full and final settlement of the account has been received is a provocative person and is not entitled to file a complaint.
1982 P L C 844

[Labour Appellate Tribunal Sind]

Present: Z. A. Channa, Appellate Tribunal

MRS. SHAH JEHAN

Versus

Messrs PFIZER LABORATORIES LTD.

Appeal No. KAR‑35 of 1982, heard on 18th February, 1982.

Industrial Relations Ordinance (XXIII of 1969)‑

‑‑‑ S. 25‑A‑.Grievance petition against dismissal‑Petitioner having received dues in full and final settlement of account‑Ceases to be an aggrieved person and not entitled to file grievance petition.

Muhammad Aslam v. Punjab Raad Transport Board 1976 .P L CA46; Muhammad Siddiqui v. Premier Tobacco Industries Ltd., Now 1981 P L C 670 and Futtehally Chemical Industries Ltd. v. Majeed Baig 1973 P L C 297 ref.

Aftab Ali Khan for Appellant.

Date of hearing: 18th February,

ORDER

This appeal is directed against the decision given by the learned Vth Labour Court on 21st December, 1981, dismissing the appellant workmen's grievance petition challenging her dismissal from service, on the ground that the said grievance petition was not maintainable as she was not an ag grieved person, having received her dues from the respondent‑Company in full and final settlement of her account. The above decision has been based upon the decision reported in 1973 ( ) P L C 747, 1976 P L C 146 and 1981 P L C 670. The consistent view of this Tribunal, based upon the decision of a Division Bench of the Karachi High Court in the case of Futtehally Chemical Industries Ltd. v. Majeed Baig (1973 P L C 297) has been that a person who has received his dues in full and final' settlement of his account, ceases to have any grievance and as he cannot be considered to be an aggrieved person, he would not tie entitled to file and maintain a grievance petition under section 25‑A, I. R. O.

2. In view of the above‑settled legal position, I find no merit in this appeal and would dismiss the same in limine.

Appeal dismissed.

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