Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -----S. 2 -Strike notice-Service of-Word "may" used in section­ Directory and not mandatory-Strike notice given beyond 7 days of failure of bilateral negotiations-Not ipso facto illegal to damage whole process of dispute. 1976 S C M R 82 fol. (b) Industrial Relations Rules, 1973------ -----R. 5-Number of office-bearers-Rules-Directory and not manda­tor-Number of office-bearer on date of service of demand notice being 10 but subsequently reduced to E-Excess number of office­ bearers of Union, held, would not render demand notice and subse­quent proceedings as illegal. 1976 S C M R 82 rel. ORDER Petitioner-Union addressed a demand notice raising 7 demands on 2-4-76, to the respondent. Through Exh. R-1, it was replied on 6-4-76, and the respondent-Bank through this letter made it clear to the petitioner-Union that a settlement gas reached at on 29.10-75, between the Grindlays Bank Employees Federation of West Pakistan and according to this settlement Clause No 30 it was settled between the parties that no demand involving financial implication be made during the period of operation of this settlement, which is 18 months from 1-10-75. It was further made clear to the petitioner-Union that it was a member of this federation and had signed that settlement through its General Secretary. After this reply no further bilateral negotiation appears to have been held. The Union gave a strike notice on 26-4-76. Conciliator proceedings were held arid failure certificate by the Conciliator was issued on 14-6-76. During conciliation first 3 demands were withdrawn by the Union as having covered by law. "Instead of going on strike Union proposed to file this dispute on 15-6-76. Notice was issued to the respondent-Bank which has filed its written reply and has raised certain preliminary objections. Parties were given an opportunity to produce evidence on those preliminary objections which they have availed. I have beard the arguments and have gone through the record. In the first place learned counsel for the respondent has objected that this dispute has not been raised in the prescribed manner. Demand notice was addressed on…

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