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Appeal No. KAR-26 of 1984, decided on 5th June, 1984.

--S. 25-A--Premature grievance notice-Appellant removed from service on 18th May, 1983-Grievance petition rejected by Labour Court on plea that grievance notice bearing date 17th May, 1983 served on respondent was premature by one day-Tribunal finding grievance notice to have been actually sent on 19th May, 1983 set aside order of Labour Court and remanded case for decision on merit.

S. P. Lodhi for Appellant.

Ghulam Hussain for Respondents.

Date of hearing : 31st May, 1984.

This appeal is directed against the order, dated 15th January, 1984 passed by Second Sind Labour Court at Karachi, dismissing the appellant's application under section 25-A, I. R. O., 1969, as non-maintainable.

2. The facts briefly stated are that the appellant was an employee of the respondents. He was removed from service on 18th May, 1983. He served a grievance notice, dated 17th May, 1983 on the respondents. His grievance having not been redressed he filed an application under section 25-A, I. R. O., 1969, for his reinstatement with back benefits. The respon dents amongst others raised the plea that the grievance notice was premature by one day and, therefore, the grievance application was not maintainable. The learned Labour Court finding the grievance application premature by one day dismissed it as non-maintainable. Aggrieved by that order the appellant has come in this appeal.

3. I have perused the evidence available on the record and have also heard the learned representatives Mr. S. P. Lodhi for the appellant and Mr. Ghulam Hussain for the respondents. Mr. S. P. Lodhi has mainly contended that the grievance notice, though, dated 17th May, 1983, was actually sent on 19th May, 1983 and was served on the respondents in the ordinary course of business either on 20th May, 1983 or thereafter. He has further contended that the date on the grievance notice, viz. 17th May, 1983 is immaterial and what is material as required by the provisions of sub-clause (1) of section 25-A, I. R. O. is that the grievance be brought to the notice of the employer within 3 months from the day on which cause of such grievance arises. On the admitted facts of the case, the services of the appellant were terminated on 18th May, 1983. The appellant has produced in evidence the grievance notice, dated 17th May, 1983, and the two postal receipts for its despatch, dated 19th May, 1984 as shown by the postal stamps on the two receipts. The postal stamps further disclose the despatch by the Night Post office. This evidence does not seem to have been challenged. It would, therefore, make it clear that the grievance notice was sent on 19th May, 1983, by the Night Post Office and not on 17th May, 1983 as the date on the notice discloses. The notice sent on 19th May, 1983 must have been receiv ed on the following day in the ordinary course of the business and even thereafter depending on the efficiency of the postal process. Accordingly, there appears no doubt that the grievance notice was despatched on 19th May, 1983 when the services of the appellant were terminated on 18th May, 1983. The requirement of section 25-A (1) is also to the effect that the grievance be brought to the notice of the employer within 3 months of the date on which the cause of such grievance arises. The cause of grievance arose to the appellant on 18th (play, 1983 and the grievance was brought to the notice of the respondent thereafter clearly within 3 months of the cause of grievance as discussed by me above. It is, therefore, clear to me that the grievance notice was not premature by one day. Accordingly the grievance application is clearly maintainable.

3. The result is that the impugned order is set aside and the appeal is allowed. The case is sent back to the learned Labour Court for decision on merits.

M. I.

Appeal accepted.

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