| Case ID |
17598cb4-47e0-47ad-bce6-4ddc6d82efb0 |
| Body |
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| Case Number |
KAR-336 of 1981 |
| Decision Date |
Jul 30, 1981 |
| Hearing Date |
Jul 30, 1981 |
| Decision |
The appeal was dismissed on the grounds that the appellant failed to prove the service of the grievance notice to the respondent establishment. The learned Labour Court found no evidence supporting the claim that the grievance notice was served, as the witness Israr Ahmed denied receiving it. The discrepancies in the initials and the photocopy of the notice further cast doubt on the appellant's claims. Therefore, the appeal was deemed not maintainable and dismissed in limine. |
| Summary |
This case revolves around the dismissal of an appeal regarding the service of a grievance notice under the Industrial Relations Ordinance. The appellant, employed as a Junior Traffic Agent, challenged his termination by Japan Airlines Ltd. The core issue was whether the grievance notice was served properly. The Labour Court dismissed the grievance petition due to lack of proof of service, which was upheld by the Appellate Tribunal. Key legal principles regarding notice service and evidentiary standards were applied. The decision emphasizes the importance of proper documentation and verification in employment disputes, particularly in the context of industrial relations. This case serves as a precedent for future cases involving grievance procedures and the burden of proof required from employees. It highlights the legal expectations for employers and employees in grievance handling within the framework of the Industrial Relations Ordinance. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Japan Airlines Company Ltd.
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
S. P. Lodhi
|
| Petitioners |
SHAUKAT HUSSAIN
|
| Respondents |
JAPAN AIRLINES LTD.
|
| Citations |
1982 SLD 1418,
1982 PLC 105
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|