' This appeal is directed against a decision of the learned VIlth Labour Court, given on 20th May, 1980, allowing the grievance petitions of the 2 contesting respondents and directing the appellants to reinstate them in service.
2. I have heard Mr. Shamim Choudhry for the appellants, while the respondent have remained absent. The sole point on which Mr. Shamim Choudhry assailed the impugned decision of the learned Labour Court and contended that the grievance petitions of the 2 contesting respondents were not maintainable, was that the respondents had served the grievance notice upon the appellants through an advocate, but such notices are invalid, as held by the Supreme Court in the case of Syed Mahmood Hussain v. Pakistan Tobacco Company, decided on 8th March, 1980.
According to the respondents themselves, their services were terminated verbally with effect from 18th April, 1979. Both of them served separate grievance notices, through their Advocate, upon the appellants.. These notices are dated 20th April, 1979. However, in view of the decision of their Lordships of the Supreme Court in the case of Syed Mahmood Hussain, these notices cannot be taken into consideration and no grievance petition can be founded on them. Subsequently, another notice, dated 1st July, 1979, was sent by the 2 contesting respondents to the appellants, but as this notice too was served through an advocate, it also is invalid and cannot form the foundation of a grievance petition. Perhaps realizing their error in sending notice through an advocate, each of the 2 contesting respondents sent a still third notice, dated 31st July, 1979.
Although these notices were sent to the appellants by the 2 contesting respondents themselves, they said notices also cannot be taken into consideration as they have been after the expiry of 3 months from 18th April, 1979, when according to the respondents themselves the cause of j8 action accrued to them. The third set of notices thus also cannot form the foundation of the grievance petitions filed by the 2 contesting respondents. Their grievance petitions thus are clearly not maintainable.
3. For the reasons given by me above, I would set aside the impugned decision of OW learned Labour Court and allow the appeal.