Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 45, 37

Industrial Relations Ordinance (XXIIII of 1969) Ss.45 & 37-Decision of Labour Court under S.45 prohibiting strike-Not an award appealable under S. 37.            In the instant case the Labour Court directed the discontinu ance of the workers' strike while the dispute was still pending with the Labour Court under section 34 of the Industrial Rela tions Ordinance, 1969. It was contended that the Court has to look into the order to decide whether it - was an award or mere decision and that the prohibition of strike amounts to a decision relating to an industrial dispute and was therefore, an award appealable under section 33: Held, "any matter relating thereto" must be read ejusdem generis with industrial dispute. A general meaning cannot be given to "any matter relating thereto", so as to include an order passed on an application under section 45 of the Industrial Relations Ordinance, 1969. The underlying idea under the Ordinance appears to be to expeditiously resolve the differences and the disputes between the workers and the Management. It is only where the decision can be said to be a determination of industrial dispute that appeal has been provided: The idea appears to be that if the Court has prohibited lock-out, it should be the end of the matter. Similarly, if the Court has prohibited strike, the party against whom the order has been passed must accept it gracefully and carry out the order in the interest of labour and the Management. There is no doubt that section 37 of the Ordinance makes a clear distinction between a decision and the award. It is only an award which is appeal able and not' a decision. The omission to make a decision under section 45 of the Ordinance appealable seems to be with a purpose. The purpose being, to resolve the dispute between the parties quickly, so that the Union and the Management resume their respective duties to the advantage of both the parties. Date of hearing: 12th February 1970.   JUDGEMENT This is an appeal against the decision of the learned Chairman of the First West Pakistan Labour Court, Karachi, dated 30th January 1970,…