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Appeal No. LHR-590 of 1984 decided on 17th December, 1984.

‑‑-S. 25‑A‑Grievance notice‑Service of‑Receipt denied by employer‑Service sought to be proved on basis of Postal certificate Postman stating to have delivered same‑Petitioner himself not getting letter registered at Post Office and sender's name not forthcoming Evidence only to extent that envelope delivered but could not be said that it contained grievance notice‑Service of grievance, in circumstances, held, not established.

H. R. Haider for Appellant.

Karamat Ali Bhandari for Respondents.

Date of hearing: 10th December, 1984.

The decision, dated 27th September, 1984 recorded by the learned Presiding Officer, Punjab Labour Court, No.1, Lahore has been challenged in this appeal, whereby the grievance petition of the appellant was dismiss ed on the sole ground that service of grievance notice had not been established.

2. The appellant was a Grade‑III Officer. He was dismissed from service on the ground of misappropriation. The point to be examined is whether the grievance notice had been served or not. Copy of the grievance notice is Exh. P. 6. No postal receipt was produced on the plea that the same had been lost. Certificate Exh. P. 7 issued by the Post Master regarding the delivery of registered letter was relied upon and postman was examined. Letter's number is 602, dated 8th March, 1983. According to postman (P. W. 3), it was delivered by him on 9th March, 1983 to one Mr. Gill, Receipt Clerk. The appellant said that he had not himself got the letter containing the grievance notice registered at the Post Office. He too showed his ignorance as to who had got the letter registered at the Post Office. Both the witnesses who are the employees of the Post Office said that they could not say who was the sender of the letter. It, therefore, does not stand established if registered letter No. 602 was sent on behalf of the appellant and that it contained the grievance notice, copy of which is Exh. P. 6. P. Ws. 2 and 3 have rightly said that they cannot say who was the sender because on receipt sender's name is not given. Sender's name is given on the envelope of the letter and on the A. D. receipt if the letter is sent with A. D. receipt. Even in postal receipts sender's name is not usually given. So only the person who had got the letter registered at the Post Office could give the name of the sender and the contents of the letter. So by the evidence only this much was proved that a registered letter No. 602 was served but it cannot be said if that letter contained the grievance notice, copy of which is Exh. P. 6 and that it was given by the appellant. Many letters are received by the banks, therefore, after some lapse of time it is not possible to trace and produce a particular letter. 1 has been proved by respondent that no person by the name of Mr. Gill Receipt Cleric, who is alleged to have received letter No. 602. The learned lower Court, therefore, rightly held that service of grievance notice was l not. established.

3. As a result, the appeal fails and is dismissed.

A. E.

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