Case Details

Citation(s)
1976 SLG 909 1976 SLD 909 1976 PLC 747
Lahore High Court

SHAFT-UR-REHMAN, J

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MANAGING DIRECTOR, PUNJAB ROAD TRANSPORT .1 BOARD

VS

PUNJAB LABOUR APPELLATE TRIBUNAL AND 10 OTHERS

Law:

Section:

1976 P L C 747 [Lahore] Before Shaft-ur-Rehman, J MANAGING DIRECTOR, PUNJAB ROAD TRANSPORT .1 BOARD Versus PUNJAB LABOUR APPELLATE TRIBUNAL AND 10 OTHERS Writ Petition No. 2254/S of 1973, decided on 1st December 1975. (a) Industrial Relations Ordinance (XXIII of 1969)- --- S. 39--Settlement or agreement entered into by "Collective Bargain­ing Agent" in accordance with law following conciliation proceedings ­Held, binds every worker whom Collective Bargaining Agent "I represents -Agreement arrived at between employer and "Trade Union" otherwise than in conciliation proceedings, however, binds parties to such agreement and none else. (6) Constitution of Pakistan (1973)- -- Art. 199-Writ-Laches-Relief sought against orders of Tribunal below passed about two years before filing writ petition-Held, barred by laches. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 38-Contempt of Labour Appellate Tribunal-Direction to do a particular thing in contempt proceedings-Held not outside scope of powers-Appellate Tribunal, on complaint regarding non-implementa­tion of its earlier award, instead of punishing defaulting party for contempt, directing implementation of such award-Such direction a necessary adjunct to powers possessed by Tribunal for it affords an opportunity to contemner to do what he had failed to do either under a mistaken impression of law or of fact. M. Aqil Mirza for Petitioner. Mirza Nazir Ahmad for Respondents Nos. 2, 3â-ž 4, 5 and 7. Nemo for the Remaining Respondents. Dates of hearing: 11th and 24th November 1975. JUDGMENT The Puniab Road Transport Board, through the Managing Director, has challenged the decision of the Appellate Tribunal, dated 6th October, 1973, directing that the award given by the Tribunal on an earlier date i.e., 8-11-1971, should be honoured and implemented. This direction h : been given on a petition by four of the affected workers under section 38 (5) of the Industrial Relations Ordinance, 1969, which authorised the Tribunal to punish for contempt of its authority as if it was a High Court. 2. The circumstances in which these proceedings came to be taken are that the Road Transport Corporation as it then was, dismissed…
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