1. SYED MARUF AHMEDALI, M. --- Petitioner Jaffer Hussain has filed a grievance petition under Section 33 of IRO, 2011 in which she has prayed that the impugned letter dated 26-11-2013 be set aside.
2. Written statement has been filed by the respondents who have taken a number of preliminary objections. Arguments have been heard on the preliminary objections.
3. 2.it is contended by the learned counsel for the objector/respondents that the petitioner has failed to serve grievance notice on the respondents before filing of this grievance petition which is a mandatory provision under Section 33 of IRO, 2011,' without which this grievance petition cannot proceed. It is further contended that the petitioner had filed a departmental appeal which is attached at page 9 of this grievance petition and departmental appeal cannot be sub- instituted. as a grievance notice-and has prayed that this grievance petition be dismissed -on this score alone. He has placed reliance on 2006. SCMR 783, 2002 PLC(CS) 907 and; 2000 PLC 166.
3. On the other hand learned counsel for the petitioner has contended that the petitioner has filed a departmental appeal which can be substituted, as a. grievance notice -under the law and . the purpose of the grievance notice is to bring the grievance to the notice of the employer and same has been fulfilled by filing departmental appeal. It is prayed that the objection be rejected and case be proceeded on merits.
4. 3A. After hearing arguments of both the learned counsel and perusing the record. .4.Admittedly a departmental appeal was filed by the petitioner against his dismissal order which is attached at page 9 of this grievance petition. Under the law service of grievance notice is a mandatory provision of law without which a grievance is not maintainable. Departmental appeal cannot be substituted as a grievance notice. Reliance is placed on 2002 PLC (CS) 907.
5. In view of the aforesaid reasons, this grievance petition is dismissed for want of grievance notice.
6. There is no order as to costs. File be consigned to the record room after due completion.