Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 38, 57

      Industrial Relations Ordinance (XXIII of 1969) Ss.38(5). & 57 - Illegal strike-Penalty for-Whether contempt proceedings should be taken against persons continuing illegal strike in disobedience of orders of Labour Court-Held: in presence of specific remedy against continuance of illegal strike under S. 57, Appellate Tribunal should not resort to extraordinary discretionary powers of contempt proceedings under S. 38(5).       A strike, by the respondent workers' Union, had been declared as illegal under section 45 of the Industrial Relations Ordi nance, 1969 by the Labour Court but the Union continued the illegal strike. The applicant-employer approached the Appellate Tribunal for contempt proceedings against the respon dent under section 38(5) for disobeying the orders of the Labour Court Held: The power of the Tribunal to punish for contempt of Court for disobedience of the order of the Labour Court cannot be doubted. The question, however, is as to whether Labour Appellate Tribunal should exercise its extraordinary power for punishing the respondents for contempt of Court in the face of a specific remedy provided under section 57 of the Industrial Relations Ordinance, 1969. Where a clear and alternative remedy is available, the Court should be reluctant to take recourse to its extraordinary power for contempt proceedings. When the Labour Court itself has got sufficient power to take action in an application made by a party for violating the propitiatory order, the Labour Appeal late Tribunal should not take action under section 38(5) of the Ordinance. It is said that the remedy of committal for Contempt of Court is arbitrary and unlimited and should be most jealously and carefully watched and should only be exercised with the greatest reluctance and the greatest anxiety on the part of Judges. Ali Mahomed Adamalli v. Emperor A I R, 1945 P C 147 ref.                       Muhammad Samiullalr Khan and another v. The State P L D 1963 S C 237 rel. Date of hearing: 17th April 1970.   ORDER This…