Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34, 37, 38

Industrial Relations Ordinance (XXIII of 1969), Ss. 34, 37 & 38 -Appeal - Industrial dispute and dispute arising out of industrial dispute-Distinguishable--Labour Appellate Tribunal can only deal with awards of Labour Court and not with its decisions Decision of Labour Court regarding dispute arising out of industrial dispute -A decision and not an award-Hence, not appeal able- (Kohi Noor Silk Mills Workers' Union v. Messrs Kohi Noor Silk Mills Ltd., Karachi 1970 P L C 336 dissented from]. Having regard to the provisions of sections 37 and 38 of Industrial Relations Ordinance, 1969 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 to a decision of the Labour Court, hence no appeal will lie against the decision of the Labour Court. Section 34, in 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. Date of hearing: 3rd November 1970.   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, 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, 1959, all appeals will be disposed of together by one order. In this connection it will be feasible to reproduce the following sections of the Industrial Relations Ordinance, 1969:- Section 37. Award and decisions of Labour Court, An award or decision of a Labour Court shall be given in writing, and delivered in open Court and two copies there of shall be forwarded forthwith to the Provincial government provided that if the Central Government be a party, two copies of the award or decision shall be forwarded to that Government as well. (2) The Provincial Government…