Individual Grievance | legal Education

concept of individual grievance

As it was held in case 2011 PLD Kar 167 that where an individual worker has faced any grievance against the employer, his individual grievance must be noticed to the employer through his shop steward or collective bargaining agent.

Law of individual grievances was discussed u/s 46 of industrial relation ordinance 2002. That he is a workman who can redress his individual grievance under industrial relation ordinance 2010.Locus standi for redressal of individual grievance with his workman.

Cases for redressal

In following cases or rights a workman can redress his individual grievance.

i- Rights under industrial relation ordinance 2010

ii- Rights under any other law

iii- Rights under any settlement or award

Redressal system 

Subjects of individual grievances

 Subjects under discussion for individual grievances shall be any one of the followings

i- Termination of worker

ii- Removal of worker

iii- Retrenchment of worker

iv- Dismissal from service

Above discussed matters shall be enforced in accordance with sec 37 of industrial relation ordinance 2010. Industrial relation ordinance provides the procedure for resressal of individual grievances. A grievance notice is an essential pre-condition for the redressal of the individual grievances. Notice shall be in writing through shop steward or collective bargaining agent.

Within one month of cause of such grievance, the notice shall be filed.

Table of settlement of grievance

 After receiving the notice of grievance from the workman, the employer shall make a decision. The employer shall communicate his decision in writing to the worker within 15 days of decision. If worker is aggrieved from the decision of the employer, he may refer the matter in following two ways.

i- Matter to collective bargaining agent

ii- Petition to labor court 

If the worker has the knowledge legal education so that the worker can solve his problems. The worker can train his legal education then the worker to file Petition to labor court can only be filed in case where collective bargaining agent has itself filed the grievance notice.

Within 2 months from the date of communication of decision.

i- Imprisonment up to one year

ii- Fine up to 50 thousand rupees

iii- Or both