Case Details

Citation(s)
1972 SLD 3010 = 1972 PLC 303
Sindh Labour Appellate Tribunal
Application No. 73 of 1969, decided on 28th February 1972.
Presented By: Shaffi Muhammad R. Akhund, Chairman, F. A. Khan and Kassam Usman Kandawala, Members
S. P. Lodhi for Applicant. Kadir Bakhsh Bhutto for
Respondent.

KARACHI HOTEL WORKERS UNION

VERSUS

MESSERS CAFE MILLAT, KARACHI

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 26, 29, 31, 34, 45

Industrial Relations Ordinance (XXIII of 1969) Ss. 34 & 45 read with Ss. 26, 29 & 31-Lock-out-Application to prohibit Workmen refused work by employer-Union praying for reinstate ment of such workers-Objection that application not maintainable as due to non-compliance of procedure laid down in Ss. 26, 29 & 31, no industrial dispute existed amongst parties, in circum stances, overruled and Union, held, could make application seeking prohibition of lock-out against such employer.                                                                                                                   AWARD SHAFFI MUHAMMAD R. AKHUND (CHAIRMAN).-This is an application under section 34 of I. R. O., 1969, moved by S. A. Bukhari, the General Secretary of the applicant-Union, seeking adjudication of industrial dispute between the parties. The dispute, as disclosed in the application, is that the respondent, which is an establishment serving as a Public Hotel, have not faithfully complied with the provisions of the West Pakistan Standing Ordinance, 1968, and have not yet imple mented the said law in respect of service record, casual leave, with pay, classification of workmen etc. secured to the workman under the said law, in spite of their repeated requests. It is the case of the applicant-Union that the respondent have about 40 workmen, out of whim 28 had joined the applicant-Union by November 1969, and one of them, Anzer Gul, was elected as Chief Representative. From the re-application of the applicant-Union, and the affidavit of Riaz Bukhari, however, it appears that the main dispute between the parties was…
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