Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34, 35 (5)

Industrial Relations Ordinance (XXIII of 1969), Ss. 34 & 35(5)--- Scope-Question whether or not particular category of employees were workers-Not to be decided by Labour Court on application under S. 34-Management seeking declaration that Trade Union could not raise demands concerning particular category of employees and strike notice served in consequence thereof was illegal-Prayer not within purview of "industrial dispute" hence not to be adjudi cated by Labour Court under S. 34 or S. 35 (5).   AWARD MD. NURUL HUDA CHAIRMAN).-This case arises out of an application under section 34 of the Industrial Relations Ordinance, 1969. Pakistan National Oils Limited is the first party in this case. Pakistan National Oils Workers' Association and 23 other individuals are the second party. Second party No. 2, Mr. N. I. Golder and the remaining 22 others are the supervising officers under the first party. It is alleged by the first party that these persons are not workers and as such the second party Union cannot raise any demand on their behalf. Even then the Union persisted in representing the alleged grievances of these super visors and placed a charter of demands on their behalf on 26-3-1970. The first party raised objection to the demands. There was, however, a conciliation meeting which failed and the Union served a strike notice. It is further said that there is a subsisting agreement between the establishment and the Union in which the 'Union has agreed not to raise any demand involving direct or indirect financial commitment during the period of the agreement. On these main allegations the first party has prayed for certain declarations, namely, the supervisors are employers, that the employers cannot join the Workers' Association, that the Workers' Association cannot raise an industrial dispute on behalf of the employers and such other declarations. The second party No. 1; the Workers' Association ques tioned the maintainability of the application of the first party on the ground that the application does not disclose any industrial dispute for adjudication. The Union, however, main tains that the Supervisors are workers…