Law:

Section:

Ordinance (XIII of 1969)------ --- S. 32-(1-A) read with Ss. 26 (2), (3) & 43-Industrial dispute not raised en prescribed manner-To be deemed as non-existent-Strike notice served one day earlier than prescribed-Dispute raised without compliance of mandatory provisions of S. 26 (2), (3)-Held, not legally maintainable. Rafhan Maize Products Company Limited, Lyallpur v. Employee Union 1975 P L C 638 and Steel Window Manufactures v. Steels Workers Union P L J 1974 Tr. C. (Lah.) 452 ref. JUDGMENT IGI Staff Union hereinafter called the petitioner-Union has filed under consideration petition under section 32-A of the Industrial Relations Ordi­nance, 1969, against the Management of I. G. I, Company of Pakistan Limited seeking adjudication in respect of charter of demands 3rd October 1973 (Exh. R/4). It is noteworthy that no justification for demands is forth, coming from the records of the case. 2. The respondent resisted that dispute vehemently and opposed all to demands raised by the petitioner-Union. 3. During the course of evidence the petitioner-Union was allowed at their request to adduce additional evidence. At that state the respondent raised the following legal objections. These objections being of legal nature were allowed to be raised. Objections are as follows: (i) That no valid Demand Notice was served upon the Management by the petitioner-Union in the present case. The Union had previously served a charter of demands on 3rd of July 1973 regarding the same demands and subsequently served a strike notice and proceeded on strike on 17th of August 1973 which strike continued up to 13th August 1973 but was thereafter called off by the Union itself. There­after the second Demand Notice was served by the Union on the Management on 3rd October 1973 regarding the same demands which formed the basis of this dispute and is invalid, void and cannot as such form the basis of any proceeding as industrial dispute. (ii) That without prejudice to the above the strike Notice dated 13th October 1973 is invalid as it was premature and did not fulfil the requirements of section 26 of the Industrial Relations Ordinance 1969, as it stood at that time. No conciliation…

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