DECISION This is an appeal against an award of the learned Presiding Officer of Labour Court No. 1, Karachi, dated December 5, 1973, whereby the learned Labour Court dismissed the application of the appellant on various grounds, namely : (1) that the procedure prescribed under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), was not followed ; and
(2) that it was a simple case of termination of service on the ground of non-availability of work. 2.
Mr. A. Majeed, the learned Representative for the appellant, contended that the appellant did not receive any charge-sheet. There is not much force in this contention. The question of charge-sheet was not material in this case, as his services were terminated on the ground of nonavailability of work. The Management tried to serve the notice, terminating the service, on the appellant, but he refused to take it. The learned Labour Court rightly believed the statement of the two witnesses before whom the appellant had refused to take the notice.
3. In the second place, Mr. Majeed the learned Representative for the appellant, contended that there was a compliance of section 25-A of the Ordinance. The appellant had sent a notice Exh. R-4, which is at page 57 of the Record of the lower Court. In cross-examination with reference to this application, he stated as under :-- "I have made this application for my dues and not for re-instatement. Again says that I have prayed for wages as well as for my re-instatement in my application."
4. The operative portion of the so- called grievance petition dated 2nd October 1972, reads as under 'That I lawfully continue in employment and am entitled to full wages for the force period of "gate stopped" which is illegal and indisguise for my refusal to act illegally in respect of false complaint of weavers to be lodged for wilful slow down of production." The appellant's services were terminated on 7th July 1972. Under Standing Order 18(u) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, he had to briDg bis grievance to the notice of his employer within 15 days of the termination of his services. On that ground also the grievance notice was bad.
5. For the reasons given above, I dismiss the appeal.