Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 32

Industrial Relations Ordinance (XXIII of 1969)---- S. 32 (I-A)-Application to Labour Court-Not maintainable with­out observing procedure prescribed for raising industrial dispute­ Strike notice not served-Union's petition for adjudication of demands, in circumstances, held, not maintainable. The question was that whether a petition by the Collective Bargaining Agent under S. 32 (1-A) of the Industrial Relations Ordinance, 1969 was maintainable in the absence of any strike notice to the employer under section 26(3) of the Ordinance. It was contended that the word "may" used in section 26(3) meant that it was not mandatory. Held: Section 41 of the Industrial Relations Ordinance, 1969 provides f that a conciliation proceedings shall he deemed to have commenced on that date on which a notice of strike or lock-out is received by the Conciliator. As no notice of strike was sent to the Conciliator, therefore, conciliation proceedings did not commence in this case. Again section 32(1) provides that if no settlement is arrived at during the course of conciliation proceedings and the parties to the dispute do not agree to refer it to an Arbitrator the workman may go on strike or, as the case may be, the employer may declare a lock-out on the expiry of period of notice under section 28 or on a declaration by the Conciliator that the conciliation proceedings have failed, whichever is later. Section 32(1-A) provides that a party raising an industrial dispute may at any time; either before or after the commencement of strike or lock-out make an application to the Labour Court for adjudication of the dispute. Sections 32(1) and 32 (1-A) when read together make it abundantly clear that a party can come to the, Labour Court only when no settlement is arrived at during the course of conciliation proceedings. Moreover section 43 of the Ordinance provides that no industrial dispute shall be deemed to exist unless it has been raised in the prescribed manner by a Collective Bargaining Agent or an employer. The requirements of this section having been expressed in the negative language are mandatory. ORDER The above named Union has moved this application under section 32 (I-A) of the…

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