| Citation(s) |
|---|
| 1971 SLG 3088 1971 SLD 3088 = 1971 PLC 409 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-212 of 1970, decided on 7th November 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Mohammad Hassan Siddiqui for Appellant. Anees Ahmad for
Respondent. M. A. Khan, A. A. Shareef, Ali Amjad, Mahmood A. Ghani Shafiq Qureshi and S. P. Lodhi: Amicus curiae.
Appeal No. KAR-212 of 1970, decided on 7th November 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Mohammad Hassan Siddiqui for Appellant. Anees Ahmad for
Respondent. M. A. Khan, A. A. Shareef, Ali Amjad, Mahmood A. Ghani Shafiq Qureshi and S. P. Lodhi: Amicus curiae.
VALIKA CEMENT LABOUR UNION
VERSUS
VALIKA CEMENT LTD., KARACHI
Law:
Section:
West Pakistan Industrial Disputes Ordinance (IV of 1968)------ ----S. 19 and Industrial Relations Ordinance (XXIII of 1969), Ss. 40 & 67 read with General Clauses Act (X of 1897), S. 6(b) Settlement arrived at during life time of West Pakistan Industrial Disputes Ordinance, 1968-Peried of operation nor stated in terms of settlement-Settlement, in circumstances, operative for two years under S. 19; West Pakistan Industrial Disputes Ordinance, 1968- Settlement having been acted upon became a "past and closed transaction"-Not affected by subsequent legislation unless given retrospective effect-Industrial Relations Ordinance, 1969 not being operative with retrospective effect such settlement, held, not opera tive for one year only in terms of S. 40, Industrial Relations Ordinance, 1969-Section 67, Industrial Relations Ordinance, 1969 has no contrary intention to take away effect of S. 6(b), General Clauses Act, 1897. Maxwell on Interpretation of Statutes, Eleventh Edn., p. 205 and Pakistan River Steamers Limited v. The Province of East Pakistan and others P L D 1961 S C 393 ref. Dote of hearing: 31st October 1971. DECISION This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), against an award of the learned Chairman of the First Sind Labour Court, Karachi, dated 19th September 1970. The impugned order was passed on an application under section 34 of the Ordinance, whereby the respondent had challenged the competency of the appellant to raise any financial demand during the pendency of the agreement dated 26th April 1969, and to terminate the same. The respondent also prayed that the Court be pleased to adjudicate as to whether the agreement dated 26th April 1969, was still in operation. The facts giving rise to the appeal briefly put are these. 2. Some industrial dispute arose between the appellant "Valika Cement Labour Union" (hereinafter called the Union), and the respondent, "Valika Cement Limited" (hereinafter called the Management), which was referred to the Conciliation Officer. The Conciliation Officer, however, because of the promulgation of the Martial Law,…