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1990 PLC 45

SIBTE ZAHID NAQVI, BOILER OPERATOR vs IV SIND LABOUR COURT AT KARACHI

Citation1990 PLC 45
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-243 of 1989
Date1989-08-02
Judge(s)Ahmed Ali U. Qureshi
ResultAppeal dismissed

DECISION The appellant is called absent without intimation upto 11-00 a.m. though date was given in his presence on 29-5-1989.

2. This appeal is against the order, dated 1-3-1989, passed by learned Presiding Officer, Sind Labour Court No,IV, Karachi, whereby he dismissed in limine, the grievance application under section 25- A(2) of the I.R.O., 1969.

3. The appellant in his grievance application had prayed for investigation that the action of the respondents in striking out name of Mr. Ashfaq Hussain Nadeem from the panel agency list was illegal and mala fide and set aside the same and issue directions to the respondents to re-call the order and allow the applicant medical treatment from the said doctor.

4. Under section 25-A of the I.R.O. a worker can bring his grievance in respect of any right, guaranteed or secured to him by or under any law, award or settlement for time being in force before the Labour Court to seek relief. There is no provision of law under which the appellant is entitled to get medical aid from a particular doctor or particular doctor's name be maintained in the list of panel. Similarly no settlement or award guaranteeing this right to the doctor or the appellant has been cited in the grievance application itself. Under the circumstances the learned Labour Court has rightly held that the removal of the doctor from the panel cannot be the grievance of the worker to seek relief under section 25-A, I.R.O. The Labour Courts cannot go in the allegation as to whether the management has taken any bribe while nominating or removing the names of doctor from the panel.

5. I find no merits in this appeal which is dismissed in limine.

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