Law:

Section:

Industrial dispute­---- ----Bonus-Management itself making offer of bonus but later opposing demand on ground that there was no sufficient profit--Nothing brought on record to establish that financial position of Management had changed-Statement of account showing meagre profit produced by Management not accepted in circumstances of case ­Relief granted by Labour Court, held, does rot call for interference. Samiullah Khan for Appellant. K. R. Jan for Respondent. DECISION This is an appeal under section 37 of the Industrial Relations Ordinance against an award given by the Labour Court. 2. The Union raised an industrial dispute by serving a Demand Notice under section 26(1) of the I. R. O. The negotiations started but since there was no likelihood of the settlement the Union sent a Strike Notice on the 23rd of November, 1974. Conciliation proceedings having failed the dispute was taken to the Labour Court. This was res1sted by the Management. Evidence was recorded and on the basis of the evidence the award was given. Aggrieved by this, the present appeal had been filed by the Management. 3. A preliminary objection was taken that the industrial dispute was not maintainable as the provision of section 26 (3) was not complied with inasmuch as according to subsection (2) of section 26 the dispute had to be settled within ten days of the receipt of the notice of demands and in case there was no settlement the Union could within seven days from the end of the period referred to in subsection (2) serve a notice of strike but in this case notice of strike was served before the expiry of ten days of the service of notice of demand. According to the Management the demand notice was despatched by the Union on 14th November, 1974 and was received on 15th November, 1974 while the strike notice was given on November, 1975. It was, therefore, contended that the pro-visions being mandatory, the non-complaisance rendered the proceedings invalid. This objection was also taken before the Labour Court arid was overruled. 4. The Labour Court clearly in holding that the demand notice was despatched on 12th November, 1974. It was asserted by the Management that the notice was…

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