Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 46 (1)(d), 26(') & 28-Raising of demands and strike notice during subsistence of existing settlement-Whether demands covered by previous settlement can be raised afresh. It is a well established law that demands regarding financial implications can be raised in spite of the previous settlement, if the conditions and circumstances, have materially changed. This is a question of fact and the party raising these demands has to satisfy the Court that the conditions and circumstances have in fact materially changed. The Crescent Pak Soap and Oil Mills Labour Union v. Messrs Crescent Pak Soap and Oil Mills and 2 others 1968 P L C 87; Messrs The Attock Oil Co. Ltd. v. The Supreme Body of Oil fields Labour and Refinery Union, Rawalpindi P L D 1970 Lah. 122 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- --- Ss. 32 & 35-Reference to Labour Court by Government-Com­petence of Labour Court to enter into question whether strike notice forming basis of reference was legal-Not restricted-Labour Court, held, competent to decide such matter and reference by Government under S. 32(3), held, not different for such purpose from a petition by any party under S. 32(1-A). Messrs Paracha Textile Mills Limited, Karachi v. The Paracha Textile Mills Workers' Union, Karachi 1960 P L C 115 and Abbasi Textile Mills Workers' Union. Rahim Yar Khan v. Abbasi Textile Mills Ltd., Rahim Yar Khan, 1962 P L C 236 held not applicable as decided under provisions of Ss. (5) and 10 of industrial Disputes Ordnance, 1959. M. S. Bokhari for Appellant. M. A. Khadim for Respondent. JUDGMENT This is an appeal against an interim award dated 31-12-1974 of Punjab Labour Court No. 3, Lyallpur, dismissing the preliminary objection. 2. The General Secretary of National Mill Labour Union, Lyallpur, respondent, served strike notice on 4-9-1974 under section 26 (3) read with section 28 on the Management of the National Silk and Rayon Mills Limited, appellant, for going on strike in the case of failure of conciliation proceeding. On 18-9-1974 conciliation proceedings failed and the respondent went on strike with effect from 19-9-1974. After…

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