Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 28, 45

Industrial Relations Ordinance (XXIII of 1969), Ss. 28 and 45(1)-Strike notice--Notice of 21 days not a must but optional-Management refusing and avoiding service of notice of strike from workers' Union-Such notice ultimately received through post-Plea of non-receipt of notice, in time, in circum stances, held, not valid to claim that strike subsequently commenced was illegal for want of due notice of 21 days-Application seeking prohibition of strike, in circumstances, rejected.   DECISION MD. NURUL ISLAM KHAN (CHAIRMAN). This is an appli cation, under section 45(1) of the Industrial lotions Ordinance, 1969, hereinafter referred to as the I. R. O., for prohibiting the strike that is in continuance in Delhi Muslim Hotel, Dacca, by the workers of the said hotel since the 21st April 1970. The case of the first party was that the hotel has got only 46 workers and they, have been working on the existing terms and conditions till rec5ntly when the workers formed a Trade Union and submitted a charter of demands. But in the bi-partite meeting for negotiation the workers did not turn up and as such, there was no negotiation. Then they served a notice of strike on the first party on the 31st March 1970 and resorted to the strike on the 21st April 1970, and thus leaving only 20 days in between the service of notice and the commencement of the strike, violating thereby the mandatory provision of section 28 of the I. R. O, Hence the strike commenced and continued by the workers is illegal and should be prohibited forthwith as it was causing financial loss to the first party employer. The second party entered into appearance by filing written statement wherein they stated that the first party had not been maintaining the service conditions for the employees and in effect they have been exploiting the workers. Later on the workers formed a Trade Union and according to the procedure laid' down in the I. R. O. they served a charter of demands:, on the first party but the first party did not enter into any ------------ negotiation, So they had to serve notice of strike---------first party on 25-3-70 which was refused. , So they had ----------- the notice by…