289/2024 Const. P. Engro Fertilizers Limited through Asad Shakil Khan (Petitioner) V/S Full Bench of NIRC & others (Respondent)

289/2024 Const. P. Engro Fertilizers Limited through Asad Shakil Khan (Petitioner) V/S Full Bench of NIRC & others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Order Date: 04-FEB-25

Touching on the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition can be dismissed. This is because service of the grievance notice is a mandatory requirement and a precondition for filing a grievance petition. The law requires that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial. If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done if the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded to the allegations as such they were well aware of the allegations and led the evidence as such this point is ofno use to be looked into in constitutional jurisdiction at this stage.