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Appeal No. KAR‑327 of 1982, heard on 2nd November, 1982.

Industrial Relations Ordinance (XXIII of 1969)‑--

--‑‑Ss.25‑A, 36 & 38‑Grievance petition‑Adjudication‑Practice and procedure‑Petition dismissed on grounds that (1) petitioner failed to produce original copy of grievance notice and (2) petitioner was not present on date of hearing‑Production of original copy of Grievance notice stated to have been served upon employer, held not within power of petitioner-Petitioner s representative submitting application on date of hearing that had gone out in connection with his pension case Such application not contradicted-Failure in presence of petitioner, in circumstances held for reasons beyond his control-Order of Labour Court set aside by Appellate Tribunal and case remanded for decision on merits.

Ch. M. Maarif for Appellant.

Abid Hameed Puri for Respondents.

Date of hearing : 2nd November, 1982.

DECISION

This appeal is directed against the decision of the learned Third Labour Court given on 14th July, 1982, dismissing the grievance petition of the appellant. The grievance petition has been dismissed by the learned Labour Court on two ground;, firstly, that the appellant had failed to pro duce the original copy of the grievance notice and secondly, that the appellant was not present on the date of hearing. Now as regards the first ground, it appears that the learned Labour Court has failed to appreciate that it was not within the power of the appellant to produce the original grievance notice as ‑according to the appellant he had served the same on the respondents. If any party was to be required to produce the original grievance notice it should have been the respondent and not the appellant.

2. As regards the second ground on which the learned Labour Court has dismissed the appellants grievance petition, an application was submitted before the learned Labour Court on 12th July, 1982 by Mr. Ch. M. Maarif, the learned representative for the appellant, that the appellant had gone to Lahore in connection with his pension and would be able to return to Karachi after Eid. There was no contradiction of the assertion made in this application. It would, thus, appear that the failure on the part of the appellant to appear before the learned Labour Court on 14th July, 1982 was due to circumstances beyond his control.

3. As both the grounds on which the learned Labour Court ha based its decision are not tenable and not on correct appreciation of the facts I would set aside the impugned decision, allow the appeal and remand the case to the learned Labour Court to decide the case on merits.

Case remanded:

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