Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 29 & 32(I-A)-Copy of strike notice-Delivery to Labour Court-Provision directory and not mandatory-Mandatory in case of copy to conciliator only - Failure to deliver copy to Labour Court does not vitiate proceedings under S 32 (1-A). It was contended that failure to deliver copy of strike notice to Labour Court involved non-compliance of procedure and prescribed manner and contravention of section 43 of Industrial Relations Ordinance, 1969 and as such application under section 32(1-A) for adjudication of dispute was not competent. Held: Section 28 of Industrial Relations Ordinance, 1969, lays down that the period of notice of lock-out or strike even under subsection (3) of section 26 shall be fourteen days. Section 29 lays down that where a party to industrial dispute serves a notice of strike or lock-out under section 26, it shall, simultaneously with the service of such notice, deliver a copy thereof to the Conciliator who shall proceed to conciliate in the dispute and to the Labour Court. From sections 29 to 32(3) of the Ordinance, it is clear that the Labour Court, has no function to perform, the dispute is either referred to it or any party comes before it, whereas, a Conciliator has a specific function to perform, when a copy of the strike notice is sent to him. Therefore, the provision regarding the sending of a copy of strike notice to the Conciliator is mandatory but the provision regarding the sending of a copy of the strike notice to the Labour Court is only directory. Further it is also clear that when the Labour Court starts adjudicating an industrial dispute, there is no provision in any law, which lays down that if a copy of the strike notice has not been sent to it before, it cannot adjudicate the dispute. The provision regarding the sending of a copy of a strike notice to the Labour Court mentioned in section 29, Industrial Relations Ordinance, 1969, is directory and its non-compliance does not in any way contravene the provisions of section 43 of Industrial Relations Ordinance, 1969. State of U. P. v. Manbodhan Lal Srivastava and another v. State of U. P. P L D 1958 S C (Ind) 170 rel.…

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