CHANGYI KANGJI SANITATION ENGINEERING PAKISTAN (EAST) vs AMIRULLAH S — 2025 PLC 173 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC 173 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: CHANGYI KANGJI SANITATION ENGINEERING PAKISTAN (EAST) vs AMIRULLAH S
Subject matter: Constitutional
Provisions referred to: S. 34---T; S. 34; Sindh Industrial Relations Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHANGYI KANGJI SANITATION ENGINEERING PAKISTAN (EAST) VS AMIRULLAH S.34---Termination from service---Grievance petition before the Labour Court---Non-service of grievance notice on the employer before filing of grievance petition---Effect---Such an omission would be fatal to the competency of grievance petition---The petitioner establishment (employer) through the present Constitutional petition challenged the judgment passed by the Labour Appellate Tribunal, whereby, respondent No.1 (employee) was reinstated into the petitioner establishment with back benefits after setting aside the Labour Court's order---Petitioner establishment argued that the Appellate Tribunal overlooked undisputed facts and legal provisions, wrongly concluding that respondent No.1 was a permanent worker, despite no convincing evidence and non-service of grievance notice as required under S. 34 of the Sindh Industrial Relations Act, 2013 (SIRA)---Held: It was undisputed (admitted in cross-examination by respondent No.1) that the grievance notice was not served at the address of the petitioner establishment (employer) but at the premises of CEO of the petitioner establishment, in spite of the fact that respondent No.1 was doing duty at the official premises of the petitioner establishment---This was fatal to the case of respondent Employee---Impugned judgment of the Labour Appellate Tribunal was set aside because grievance notice before the Labour Court was incompetently filed and this basic aspect of the case was overlooked by the Labour Appellate Court---Constitutional petition was disposed of, in circumstances.

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