Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Industrial Relations Ordinance (XXIII of 1969), S. 34 -Scope-Industrial dispute not., arising out of any right guaranteed or secured under any law in force or an award or settlement Cannot form subject-matter of application under S. 34. From a perusal of section 34 of the Industrial Relations Ordinance, 1969 it is abundantly clear that it is not all industrial disputes that can be raised under section 34 of the Ordinance. Section 34.nf the Ordinance is limited in its scope. The indus trial dispute, which can, be the subject-matter of section 34 of the Ordinance, must arise out of any right guaranteed or secured to an employer or workman by or under any law for the time being in force or an award or settlement. It is true that the Collective Bargaining Agent has a fight to raise an industrial dispute. The right to raise an industrial dispute is, however, quite distinct from an indus trial dispute arising out of any right, guaranteed under any law. The industrial dispute which the Collective Bargaining. Agent can rise under section 34 of the Ordinance, must relate to any right, which has been guaranteed under any law for the time being in force or arises out of an award or settlement. Date of hearing: 7th October 1970.   ORDER This is an appeal against an order of the 1st Sind Labour Court, Karachi, dated 12th September 1970; the impugned order was passed on an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The facts giving rise .to the appeal briefly put are these. 2. The Pakistan Radio House Employees' Union, Karachi, gave a notice under section 26 of the Ordinance on 29th January 1970, .to Messrs Pakistan Radio House Limited, Karachi, intimating the likelihood of an industrial dispute between the parties. The parties having failed - to come to a settlement, the parties gave a strike notice on 26th April 1970, raising a number of demands. The Union did not consider it feasible to go on strike. On the other hand it made an application under section 34 of the Ordinance on 4th July 1970, for adjudication of the demands, which are given in paragraph 2 of the application. The demands, as would…