Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

  (a) Industrial Relations Ordinance (XXIII of 1969). S. 34--- Application under S. 34---Maintainability of-Pendency of industrial dispute in Court-Not a condition pre-requisite-Non-payment of dues to workmen-Gives rise to industrial dispute for purposes of application under S. 34. An application made by the Trade Union under section 34, Industrial Relations Ordinance; 1969 against non-payment of certain dues of workmen was contested as non-maintainable because no industrial dispute was pending at that time. Held: Section 34 of the Industrial Relations Ordinance, 1969 does not require that an industrial dispute should be pending in Court at the time when an application under section 34 of the Ordinance contemplates is the existence of an industrial dispute. Industrial dispute means "any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person." The definition of industrial dispute is wide enough to include the non-payment of the various dues by the Management to give rise to an industrial dispute. (b) Industrial Relations Ordinance (XXIII of 1969), S. 34--- Union not obliged under Ordinance to name law entitling claim of dues-Ultimate disclosure of law to Court, held, sufficient compli ance of law. An application by the Trade Union against non-payment of certain dues of workmen was contested as non-maintainable on the plea that the particular law under which the dues were claimed was not quoted in the application. Held: Section 34 of the Industrial Relations Ordinance, 1969, does not lay down any obligation on the Union to name the law under which the various dues could be claimed. It would be sufficient compliance of- the law if the Union is able ultimately to disclose to the Court the law under which it claims the various dues. (c) Industrial dispute Relief---Relief by Court-Must be specific-Workmen claiming wages due to them but failing to specify amount or period involved--No relief, in circumstances, held, could be granted by Court. (d) Industrial…