| Case ID |
252dcfa9-2c7a-49d8-a30f-10903a9912b9 |
| Body |
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| Case Number |
KAR-355 of 1986 |
| Decision Date |
Mar 06, 1988 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal set aside the impugned order of the Labour Court that dismissed the grievance petition for lack of service of grievance notice. The Tribunal found that the appellant had indeed served the notice as per legal requirements. The case was remanded to the Labour Court for a decision on the merits of the grievance petition within one month. |
| Summary |
In this case, the Labour Appellate Tribunal addressed an appeal concerning the dismissal of a grievance petition filed by an employee against his employer, Messrs ONYX INDUSTRIES. The appellant, who claimed to have worked as a driver for six years, argued that he was wrongfully terminated without cause after requesting benefits and security for his services. The core issue revolved around the service of a mandatory grievance notice, which the Labour Court had dismissed on the grounds of non-service. However, the Tribunal determined that the appellant had successfully proven the service of the notice via registered post. The Tribunal emphasized that the onus was on the employer to prove non-service, which they failed to do. Thus, the Tribunal remanded the case back to the Labour Court for a thorough examination of the merits of the grievance petition. This case highlights the importance of proper legal procedures in employment disputes and underscores the need for employers to substantiate claims regarding notice service. Keywords include 'grievance petition', 'employment law', 'Labour Appellate Tribunal', 'Industrial Relations Ordinance', and 'wrongful termination'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Appellant,
Messrs ONYX INDUSTRIES
|
| Judges |
ALI NAWAZ BUDHANI,
MUHAMMAD RIAZ
|
| Lawyers |
S.P. Lohdi,
Manib Ahmad Khan
|
| Petitioners |
Appellant
|
| Respondents |
Messrs ONYX INDUSTRIES
|
| Citations |
1989 SLD 1084,
1989 PLC 69
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|