Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----S. 40 (6) & (7)---Constitution of Pakistan, Art.199---Constitutional petition---Industrial dispute---Award---Powers of Labour Court---Scope---Labour Court after hearing both the parties could make award within thirty days from the date of dispute---In the present case, the Labour Court had rightly refused to make an interim award without hearing other party but on revision, the same was suspended---Subsequently, the Labour Court, contrary to its earlier observations made the interim award and issued direction to implement the same in letter and spirit, which was violation of law---Labour Court was directed by High Court to decide the matter after hearing the parties---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- Through this writ petition the impugned orders dated 9-7-2013 and 10-7-2013 are sought to be cancelled with the direction to respondent No.8 to hear the petitioner and pass any order/award. 2. Brief facts giving rise to the filing of this writ petition are that the petitioner No.1 is public limited company and the respondent No.1 is C.B.A. Union of the petitioner's company whereas respondents Nos.2 to 4 are its office bearers. Respondent No.5 is Conciliator appointed under section 35 of the Punjab Industrial Relations Act, 2010 (the PIRA). On 1-7-2012 respondent No.1 served a demand notice upon petitioner No.2 pertaining to the legal rights of workers, consequently, several meetings were held to resolve the matter amicably but upon their failure on 29-1-2013 respondent No.1 sent a strike notice to petitioner No.2 with its copy to respondent No.5 and others. Thereafter, on 6-2-2013 to 26-2-2013 conciliation proceedings were held in the office of the said respondent No.5 under section 38 ibid. Contrary to law, respondent No.5 sent some recommendations to the Director General, Labour Welfare Punjab instead of resolving the matter which cannot even form basis for any industrial dispute. Meanwhile, respondents Nos.1 to 4 filed a petition on 4-7-2013 under section 40(7) ibid before the Labour Court No.2, D.G.Khan/respondent No.8 to…

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