SYED HAMID ALI SHAH, J. --- The appellant has assailed in the instant appeal order dated 3.3.2005 passed by the Punjab Labour Court-VII, Gujranwala wherein the grievance petition under Section.
25-A of the Industrial Relations Ordinance, 2002 was dismissed.
C.L.R.
2. Learned counsel for the appellant has argued that the workman has to bring his grievance into the notice of the employer in writing in respect of any right guaranteed under any law, awarded or settlement. The law has not specified form of the grievance. The appellant has served upon the respondent a mercy petition, which sufficiently qualifies to be a grievance notice. He has lastly argued that the learned Labour Court while passing the impugned order has ignored the mercy petition as a grievance notice and has committed material illegality.
3. Learned counsel for the respondents, on the other hand, has supported the judgment and has argued that the appellant has failed to place on record any grievance notice. Adds that the grievance notice is an essential requirement and in the absence of such notice, the grievance petition is not maintainable in the eyes of law. He in support of his contentions has placed reliance on "National Bank of Pakistan v. Muhammad Javed Khan" (1982 PLC 380) and 1992 CLC 920.
4. I have heard learned counsel for the parties at length and examined the relevant record with their assistance.
5. The appellant has not admittedly served any grievance notice. He, however, while appearing as AW-2 stated that he has submitted a mercy petition (Ex.P-13) to the President of Muslim Commercial Bank on 31.07.2002. Perusal of Ex.P-13 reveals that the appellant has requested for the review of the decision of his dismissal on account of his ailment as he was statedly under the treatment of psychiatrist. He also stated that his were too was suffering from severe depression.
The word mercy in seventh edition of Blacks' Law Dictionary has been defined as under:--- "Compassionate treatment, as of criminal offenders or of these in distress; esp., imprisonment, rather than death, imposed as punishment for capital murder."
While the word grievance as per seventh edition of Blacks' Law Dictionary means: "As-injury, injustice, or wrong that gives ground for a complaint .
2. The complaint itself .
3. Labour law. A complaint that is filed by an employee or the employee's union, representative and that usu. Concerns working conditions, esp., an alleged violation of a collective bargaining agreement."
Meanings. Of the above two terms as given in various dictionaries make it clear that grievance relates to complaint against an injustice done to party while mercy means a request by a guilty person, who in distress, sees reconsideration of his case on compassionate ground rather than on merits.
7. Seeking review of the order of dismissal in a mercy petition on the basis of ailment cannot in any manner be equated with the grievance notice. The law requires a grievance notice to be served on the employer, which in the instant case has not been served and as such the grievance petition is not maintainable in the eyes of law. The learned Labour Court has rightly dismissed the grievance petition. There is no merit in this appeal and the same is dismissed as suc.