Case Details

Citation(s)
1976 SLG 700 1976 SLD 700 1976 PLC 166
Labour Appellate Tribunal, Punjab
Application No. 678 of 1974, decided on 4th September 1974.
MALIK LEHRASAP KHAN, PRESIDING OFFICER

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ASSISTANT DIRECTOR, LABOUR WELFARE, LYALLPUR

VS

Malik MUHAMMAD ASLAM, POWER LOOMS FACTORY

Law:

Section:

(a) Industrial Relations Ordinance (XXHI of 1969)--- ---Ss. 2 (xi) & 46-A---Lock-out--Existence of an old industrial dispute between Management and workers before lock-out is declared---­Not necessary ingredient for lock-out-Employer stopping factory as protest against raids made by Collector, Central Excise and Land Customs to check evasion of excise duty-Action of employer depriving workers of their work and wages, in circumstances, held, to be an industrial dispute taken without regard to procedure of Ss. 26 to 31 of Industrial Relations Ordinance, 1969, held, amount to illegal lock-out. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 1(3) & 2(xi)--Illegal lock-out-Number of workers employed in air industry-Not relevant for invoking provisions of Ordinance in cases of industries falling within ambit of Ordinance-111egal lock-out can exist in any establishment or industry however small it may be. Ch. Muhammad Shaft, Asstt. Director, Labour Welfare, Reporting Officer and Mian Abdul Latif for the Management. General Secretary of the Workers' Union. ORDER Reply has been filed by the Management. Workers have not filed any reply as they support the report and complaint, submitted by the Reporting officer. The Management has vehemently opposed the report of tire Reporting officer. Certain preliminary objections nave been raised. Since the request under section 46-A of the Industrial Relations Ordinance, 1969 regarding the lifting of the alleged illegal lock-out is to be disposed of first I, required the parties to address the Court in this behalf first. No evidence has, however, been produced but the parties have been heard at length. It is alleged in the report that the Assistant Collector, Central Excise and Land Custom, Government of Pakistan, conducted raids on the factory to check evasion of excise duty. This action was resented by the Management of the factory and thereupon the Management in league with the other employers, having factories in the area declared an illegal lock-out in the factory on 27th August 1974 which was still continuing. It has been further alleged in the report that the workers have been illegally restrained from…
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