Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 67

  (a) Industrial Relations Ordinance (XXIII of 1969) S. 67 read with West Pakistan-Industrial Disputes Ordinance (IV of 1968), S.16----Appeal---Right of appeal under S.16, West Pakistan Industrial Disputes Ordinance, 1968---A vested right and hence not taken away even though West though West Pakistan Industrial Disputes Ordinance, 1968 was repealed by Industrial Relations Ordinance, 1969, held, could be pursued even after promulgation of Industrial Relations Ordinance, 1969. It was contended that according to section 67(2)(b) of the Industrial Relations Ordinance, 1969 the proceedings commenced under the West Pakistan- Industrial Disputes Ordinance, 1968 if inconsistent with the provisions of Industrial Relations Ordinance, 1969 could not be deemed to have been commenced under the Ordinance of 1969. It was argued that under the provisions of the Ordinance of 1969 an industrial dispute could only be determined by Labour Court on reference by the Government under its section 32 or 33 and as such the Union of Workers or the Five Elected Representatives of Workmen could not pursue the matter: Held: it the Courts, because of rush of work, could not dispose of these disputes within a few months time before the promul gation of the Industrial Relations Ordinance, 1969 the workers could not be made to suffer, unless the Legislature expressly or by necessary intendment laid down that those disputes would be deemed not to exist. The object of the Legislature, on the face of it, could not be to determine hundreds of industrial disputes pending in the country in this way and to bring about chaos in industry. If the object of subsection (2)(b) of section 67 of the Ordi nance was as such the Legislature would have added a few more words therein, "otherwise they shall abate". There is nothing in subsection (2)(b) of section 67 of the Ordinance that the object of the Legislature was not to continue the proceedings once commenced in respect of vested rights. All that the provision of section 67(2)(b) lays down is that the action commenced, if they are consistent with the provisions of the Ordinance, they shall continue under the Ordinance, but it does not lay…