1. SYED MARUF AHMEDALI, MEMBER-I --- The Petitioner has filed a petition under Section 46 of IRA. 2002 which was initially filed before learned Labour Court No, 1, Lahore. Written statement was filed by the respondents and the petition was adjourned sine die by the learned Labour Court vide order dated 05-11-2013. Thereafter. the file was summoned from the learned Labour Court on the application of the Petitioner which was received on 18-07-2014. From the perusal of the grievance petition and the record it has transpired that the Petitioner has failed .to serve mandatory grievance notice under Section 46 of IRA. 2002. Hence,. arguments have been heard on this objection.
2. 2.It is contended by the learned counsel for the petitioner that the Petitioner has filed a departmentally appeal which can be substituted and considered as a grievance notice, therefore, the objection of the respondents is not in accordance with law and has prayed that this objection be overruled and case be proceeded on merits after recording of evidence of both the parties. He has relied on 2009 PLC 44.
3. 3.On the other hand learned counsel for the respondents has contended that admittedly no grievance notice was issued by the Petitioner before filing of this grievance petition and the departmental appeal cannot be substituted as the grievance notice. Hence, this petition is not maintainable and has prayed that this petition be dismissed.
4. 4.After hearing arguments of both the learned counsel and perusing the record.
5. 5.Admittedly no grievance notice has been served by the Petitioner before filing of this grievance Petition under Section 46 of IRA, 2002. The contention of the Petitioner is that his departmental appeal be substituted as a grievance notice is not tenable under the law. Under the law departmental appeal cannot be considered as a grievance notice. Reliance is placed on 2002 PLC
(CS) 907. It would be a futile exercise to record evidence of both the parties.
6. In view of the aforesaid reasons the grievance petition of the Petitioner is dismissed. There is no order as to costs. File be consigned to the record room after due completion.