Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Industrial Relations Ordinance (XXIII of 1969) S.34 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] and S. 37-Order of Labour Court passed under S. 34-Not an award-Not appealable before Labour Tribunal- [Kohinoor Silk, Mills Workers Union v. Messrs Kohinoor Silk Mills Ltd., Karachi 1970 P L C 336 dissented from]. Section 34 of the Industrial Relations Ordinance, 1969 makes a distinction between an industrial dispute and a dispute arising out of that industrial dispute. A party cannot move the Labour Court under section 34 to bring an, industrial dispute, therefore the decision of the Labour Court regarding a dispute arising out of an industrial dispute can only be termed as a decision and not an award. It is nowhere mentioned that the decision of the Labour Court will be treated as an award as is mentioned in section 38 of the Industrial Relations Ordinance, 1969. According to the provisions of sections 37 and 38, Industrial Relations Ordinance the Appellate Tribunal can only confirm, set aside, vary or modify an award given. by the Labour Court. It is nowhere mentioned that the same applies to a decision of the Labour Court, hence no appeal will lie against the decision of the Labour Court.   ORDER These are appeals against the order of learned Chairman. West Pakistan Industrial Court, Central Zone, Lahore passed under section 34 of the Industrial Relations Ordinance, 1969. Since the main point for consideration in all these appeals is as to whether an appeal lies against an order passed under section 34 of the Industrial Relations Ordinance, 1969, all the appeals will be disposed of together by one order. In this connection it will be feasible to reproduce tire following section of the Industrial Relations Ordinance 1969: Section 37. Award and decisions of Labour Court.-(1) An Award or decision of a Labour Court shall be given in writing and delivered in open Court and two copies thereof shall be forwarded forthwith to the Provisional Government, provided that if the Central Government be a party, two copies of the award or decision shall he forwarded to that Government as well. (2) The Provincial Government shall, within a…