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Appeal No. SUK‑193 of 1983, heard on 23rd January, 1985.
‑‑Ss. 25‑A, 36 Sc 38 (3)‑Practice and procedure ‑ Grievance petition against termination of services‑Labour Court framing two issues (i) whether grievance notice served on employer, and (ii) whether termination was illegal ‑ Labour Court finding that grievance notice not served hence dismissing grievance petition due to legal defect‑Order of Labour Court, in circumstances, set aside by Appellate Tribunal and case remanded for findings on second issue as well as after opportunity of evidence to parties.
Shabbir Ahmad Awan for Appellant.
Nemo for Respondent.
Date of hearing: 23rd January, 1985.
This appeal is directed against the order of Sind Labour Court No. VII at Sukkur, dated 14th May, 1983.
2. The facts are that the grievance petition was filed by Muhammad Suleman who was employed with the respondent i.e. Utility Stores Cor poration at Sukkur. There was some embezzlement in the Utility Stores, hence the appellant was dismissed.
3. A grievance petition was filed by him before the Labour Court and the learned Labour Court framed the following two issues: --‑
(i) Whether the appellant had given grievance notice under sec tion 25‑A, I.R.O., 1969, to the respondents ;
(ii) Whether the services of the appellant have been illegally termi nated.
4. The Labour Court, however, gave his findings on Issue No.1. that the grievance notice was not sent or served on the respondent and/, hence, the entire petition failed due to this legal defect. Although the appellant has endeavoured to prove it through Muhammad Nawaz but Muhammad Nawaz was disbelieved.
5. I have heard in this respect the learned counsel Shabbir Ahmad for the appellant. From the perusal of the impugned order, I find that the second issue is not replied and no finding has been given. Hence, it is all in fairness that the learned Labour Court should arrive at a conclu sion after deciding the second issue and he is free to adduce further evidence, if available, Therefore, I remand the case for recording further evidence, if available and give findings on the second issue also. The impugned order is set aside.
A. E.
Case remanded.
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