Law: Industrial Disputes Act, (XIV of 1947)

Section: Ss. 7 & 10

(a) Industrial Disputes Act (XIV of 1947), Ss. 7 & 10 [Industrial Disputes Ordinance (L VI of 1959), Ss. 7 & 10]-First reference to Tribunal in general terms and without reference to specific disputes-Second reference to same Tribunal on two specific demands-Tribunal, whether has no jurisdiction to go into the second reference.   A dispute between the company and its workers was initially referred by the Government to the Industrial Tribunal in general terms. Later, on being approached by the workers, the Govern ment added two more specific demands and referred them to the Tribunal. The Tribunal, thereafter, not only considered the original demands referred to it but also the two specific demands referred to them subsequently by the Government and made an award. It was contended that as the first reference of the dispute between the company and its workers was in general terms, and not with reference to specific demands or disputes, the reference itself was bad and therefore, the additional demands though referred to the. Tribunal specifically could not be gone into by the Tribunal as the Tribunal was from the beginning acting without jurisdiction:   Held, that the power to constitute Industrial Tribunal by an appropriate Government is contained in section 7 of the Industrial Disputes Act, 1947, which says that the appropriate Govern ment may constitute one or more Industrial Tribunals for the adjudication of the Industrial disputes in accordance with the provisions of the Act. References of disputes to Tribunals are made under section 10 of the Act. Therefore, even if the first reference being in general terms was bad in law the appointment of the Tribunal under section 7 of the Act could not be said to be also bad in law. The demands in the second reference were specifically referred by the Government and so the award in respect of them could not be said to be bad because the first reference was bad.   Pakistan Match Company Limited, Khulna v. Pakistan Match Factory Workers' Union and others P L D 1959 S C (Pak.) 337 distinguished.   Industrial Disputes Act (XIV of 1947) S. 10 [Industrial Disputes Ordinance (L VI of 1959), S.…