| Citation(s) |
|---|
| 1971 SLG 3149 1971 SLD 3149 = 1971 PLD 190 |
Dacca High Court
Petition No. 62;of 1970, decided on 13th March 1970.
Presented By: B. A. Siddiky, C. J. and K. Hossain, J
Shah Md. Azizur Rahman with Abu Taher Chowdhury, A. J. M. Khalilulluh, B. B. Ray Chowdhury and Abdul Karim for Petitioner. Dr. Kamal Hossain with Mozammel Hoque Khan and for Altaf Hossain for
Respondent No. 4.
Petition No. 62;of 1970, decided on 13th March 1970.
Presented By: B. A. Siddiky, C. J. and K. Hossain, J
Shah Md. Azizur Rahman with Abu Taher Chowdhury, A. J. M. Khalilulluh, B. B. Ray Chowdhury and Abdul Karim for Petitioner. Dr. Kamal Hossain with Mozammel Hoque Khan and for Altaf Hossain for
Respondent No. 4.
THE PAKISTAN TOBACCO COMPANY LTD. LABOUR UNION, DACCA-Petitioner
VERSUS
THE CHAIRMAN, FIRST LABOUR COURT OF EAST PAKISTAN AND 5 OTHERS-Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 35(2), 45(1) ,36(2)
(a) Industrial Relations Ordinance (XXIII of 1969), S. 35(2) read with East Pakistan Labour Disputes Act (VI of 1965), S. 9 and East Pakistan Industrial Disputes Rules, 1960, r. 28-Constitu tion of Labour Court-Court constituted under provisions of S. 9, East Pakistan Labour Disputes Act, 1965 read with r. 28, East Pakistan Industrial Disputes Rules, 1960 -Properly constituted for purposes of S. 35(2) of Industrial Relations Ordinance, 1969. It was contended that there is a material change in the language of the East Pakistan Labour Disputes Act, 1965 from that of the Industrial Relations Ordinance, 1969 inasmuch as according to the Act of 1965 two panels of not more than five persons consisting of representatives of employers and workmen are required, reconstitution of the panels after every two years is required, and the Chairman was empowered to select one person from each of the two panels. Whereas under the Ordinance of 1969 the members of the Court are to be appointed by the Provincial Government and there is no provision of panels of rep resentatives and further there is no provision of two years duration regarding the tenure of the representatives. It was further con tended that the East Pakistan Industrial Disputes Rules, 1960 framed under the Industrial Disputes Ordinance, 1959 were incon sistent with the provisions of the East Pakistan Labour Disputes Act, 1965 to the extent of the framing of panels, the selection by the Chairman of the representatives and the period of membership and as such these Rules were not saved on repeal of the Industrial Disputes Ordinance, 1959 by the saving clause of section 44 of the East Pakistan Labour Disputes Act, 1965 and the Labour Court constituted under these provisions was, therefore, not properly constituted for the purposes of section 35(2) of the Industrial Relations Ordinance, 1969: Held, the Industrial Relations Ordinance, 1969 has repealed the East Pakistan Labour Disputes Act, 1965, which again repealed Industrial' Disputes Ordinance, 1959 but the rules framed in 1960 under Industrial Disputes Ordinance, 1959 were saved by the Act of 1965 and no new rules were framed under the said Act of 1965 so that…