Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- -------Ss. 34 & 40-Application to Labour Court under S. 34-Employer entitled to make application for enforcement of right guaranteed by law, award or settlement-Settlement containing its period of operation -as one year-Union raising demands and serving strike notice after expiry of prescribed period-Union before doing so serving notice of termination of settlement with indication that new demands would be raised after two months-Demand notice however issued prior to expiry of two months-Issuance of notice of termination of settlement, held, not necessary where settlement itself containing its period of operation Demand notice having been raised after prescribed period of settlement employer, held, had no right guaranteed to restrain Union from raising fresh demand-Application of employer, for restraining Union to raise fresh demands and to serve strike notice, in circumstances, held, not competent. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 34 & 32(1-X)-Plea that strike notice was not received by employer and that demand related to matter guaranteed under law Cannot be pressed on application under S. 34 by employer-Proper remedy-Such pleas to be taken in defence in industrial dispute under S.32(1-A). Faiz Muhammad Bhatti for Petitioner. Naeem Sultan Butt for Respondents, JUDGEMENT Messrs Longman Mills, 14-N Gulberg-I1, Lahore the manufacturer of Industrial Rubber Goods have brought the under consideration petition under section 34 of the Industrial Relations Ordinance, 1969 against the Workers' Union, Longman Mills (Regd.), Lahore and Assistant Director, Welfare (Conciliation), Lahore praying for a declaration to the effect that legally no industrial dispute exists between the petitioner and respondent No. I on the basis of the illegal demand notice served b the respondent No. 1 on the petitioner and that the respondent be restrained from acting upon the said illegal demand notice. 2. It is alleged that a settlement was signed between the petitioner and respondent No. 1 on 17-12-1973. The life of the settlement was for one year with effect from 15-11-1973. Respondent No. 1 terminated…

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