Law:

Section:

(a) Industrial dispute-Award-Mere fact that no reference, was made in award by Court, of affidavits filed by parties-Does not vitiate award-Party neither filing written arguments nor making any attempt to address Court orally-Award of Court, in circumstances, held, not liable to be set aside on contention that party concerned was not given an opportunity of oral hearing. (b) Industrial dispute-Lock-out-Mills obliged to close third shift in pursuance of Government orders and thus terminating services of surplus workers-Action of Management, in circumstances, held, does not amount to lock out so as to attract provisions of S, 26, West Pakistan Industrial Disputes Ordinance, 1958 and case in circumstances, held, simple termination because of exigency of time-West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 26. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Standing Order 6 Termination due to discontinuance o'' shift in Mills--One month's pay in lieu of notice allowed-Sufficient compliance of Standing Order 6 - Termination, in circumstances, not objectionable. Date of hearing: 6th August 1970.   DECISION This is an appeal against an award of the learned Chairman, Second West Pakistan Labour Court, Karachi, dated March 14, 1970, on an application under section 6(8) of the West Pakistan, industrial Disputes Ordinance, 1968, (hereinafter called the repealed Ordinance), were by the learned Court dismissed the demand of the appellant-Union for the re-instatement of 40 of its workers. The facts necessary for the disposal of the appeal briefly put are these. 2. The respondent is a Flour Mill, while the appellant is the workers' Union. The Union gave a strike notice on 4th March 1968. Admittedly, the said notice was sent to the respondent-Mill by registered post on 6th March 1968. On 25th March 1968, the Labour Officer (Conciliation) passed the following order: "The strike notice served by you on 4-3-68 on Messrs India Flour Mills is not in proper form and hence it has been filed on legal ground. 3. The Union, thereafter, gave another strike notice dated 13th March 1968, which gave rise…