Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 37, 5

Industrial Relations Ordinance (XXIII of 1969), S. 37(3) read with Limitation Act (IX of 1908), S.5-Industrial dispute Award-Appeal-Limitation-Award based on settlement arrived at between parties to industrial dispute raised on grounds of certain demands-Settlement reciting that workers' Union would not raise any demand involving financial matters during operation of settle ment-Contention that such term not being part of demands forming subject-matter of industrial dispute, Court acted beyond its juristic diction in including same in its award-Held: award, in circumstances, not a nullity merely for inclusion of such terms in it-Such under taking being a concession by Union could not be stated in demands forming basis of industrial dispute-Award In circumstances, held, not a nullity so as to avoid limitation provided In S. 37(3), Industrial Relations Ordinance, 1969 by invoking provisions of S. 5, Limitation Act, 1908. Date of hearing: 6th October 1970. This is an appeal under section 37(3) of the Industrial Relations Ordinance 1969, (hereinafter called the Ordinance), against an award dated 5th June 1970, whereby the learned      Chairman of the Second West Pakistan Industrial Court Union Karachi, accepted the Memorandum of Settlement arrived at between the H. M. Silk Mills Employees' Union (hereinafter called the Employees' Union), and Messrs H. M. Silk Mills Limited and gave an award in terms thereof. The facts giving rise to the appeal briefly put are these. 2. The respondent No. 1, H. M. Silk Mills Employees' Union gave a notice of strike some time in January 1969. Conciliation proceedings started on 16th January 1969. It failed on 17th February 1969. The Conciliation Officer issued the Failure Certificate on 19th February 1969. It would appear from a perusal of the Failure Certificate that the Employees' Union had raised as many as 10 demands. The General Sec retary of the Union made an application to the Court on 17th March 1969, for adjudication of the demands raised by it. It seems from a perusal of the order-sheet of the Court that the matter was seriously fought between the parties. On 5th June 1970,…