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Appeal No. LHR‑663 of 1982/Pb., decided on 8th March, 1983.

Industrial Relations Ordinance (XXIII of_1969)‑---

--‑‑S. 25‑A‑Grievance notice on employer‑Provision mandatory‑ Ignorance of law no excuse-Notice not served within limitation period‑Explanation that same was due to misunderstanding‑Griev ance petition. in circumstances, held, rightly dismissed as incompetent.

Kh. Tariq Masood for Appellant.

Date of hearing: 5th March, 1983.

This appeal arises from the decision dated 24‑10‑1.982 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition of the appellant for his re‑instatement in service was dismissed as time‑barred.

2. The allegation against the appellant, a head ‑operator, was that he in spite of being prohibited by the Manager exhibited blue prints. After service of charge‑sheet and holding of enquiry the appellant was dismissed from service on 18‑3‑1980. Previously grievance petition was brought but it was withdrawn on 25‑7‑1981 because it had been lodged without the service of grievance notice. Grievance notice was served on 29‑7‑1981 and the present grievance petition was brought on 24‑8‑1981. The only ground given for condonation of delay in giving grievance notice and bringing the grievance petition is that there was bona fide misunderstanding. It is not explained what was misunderstood. I section 25‑A of the Industrial Relations Ordinance, 1969 was misunderstood, this could not be a valid reason. Ignorance of law is no excuse. The provisions of section 25‑A with regard to service of grievance notice are mandatory and the very grievance petition becomes incompetent and the Labour Courts have no jurisdiction in cases which are brought without the service of grievance notice in strict compliance of section 25‑A of the Industrial Relations Ordinance, 1969.

3. So far as enquiry is concerned, since the appellant was not informed about the date of enquiry, he could not participate in the enquiry and his dismissal order was wrong. But since the very grievance petition was incompetent on account of the grievance notice being by tinge, the petition was rightly dismissed bf the learned lower Court.

4. As a result of the observations made above, I do not find any force in the appeal and dismiss it in limine.

Appeal dismissed.

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