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Appeal No. JG‑71 of 1984, decided on 11th July, 1984.
‑‑‑‑S. 25‑A‑‑Grievance notice to employee‑‑Departmental appeal if preferred within period of three months meant for serving grievance notice‑‑‑Can legally be treated as valid grievance notice.
S.M. Arif for Appellant.
A.R. Sheikh for Respondents.
Date of hearing: 4th July, 1984.
This appeal arises from the decision, dated 7‑2‑1984 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad, whereby the grievance petition of the appellant for his re‑instatement in service was dismissed. On behalf of the respondents cross‑objections have been filed, which are being disposed of together alongwith the main appeal.
2. The point for consideration is whether a departmental appeal or a revision petition can be treated a8 a valid grievance notice. In the grievance petition it is urged that his appeal be treated as a grievance notice. An application under Order XIV, rule 2 was given by the respondent which was accepted and the grievance petition was dismissed without affording any opportunity to the appellant to produce evidence. The plea is that the copy of the appeal was sent to the dismissing authority as well. In the grievance notice and the appeal, the prayer is the same that the order of dismissed or termination, as the case may be, is wrong and that the employee concerned be reinstated. If an appeal is preference within the period of three months meant for giving a grievance notice. The said appeal can legally be treated as a valid grievance notice. Since no opportunity of producing evidence was given, the appellant could not show if at all he had preferred appeal and if so, whether it was within three months to serve the purpose of valid grievance notice. The case is, therefore, liable to be remanded.
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded back or re-decision on all the points. Since the case has been remanded, it is not necessary to give opinion on the cross‑objections. The said objections may be pressed before the learned lower Court.
A. E.
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