Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 26(2), 28, 43

(a) Industrial Relations Ordinance (XXIII of 1969), Ss. 26(2) & 28-Notice of demands and strike notice-Demand notice issued by Trade Union while not yet registered-Trade Union, however, after being registered giving another notice extending period of 7 days for negotiation-Non-registration of 7 Trade Union on date of serving demand notice, in circumstances, held, immaterial and contention that strike notice served on basis of such demand notice was invalid, in circumstances, rejected. (b) Industrial Relations Ordinance (XXIII of 1969), Ss. 26(2) & 43-Industrial dispute-Violation of provisions of S. 26(2)- Effect: Industrial dispute cannot be deemed to have arisen-Trade Union avoiding negotiations before conciliator and serving strike notice before expiry of 7 days prescribed for negotiations-Industrial dispute, in circumstances, held, not raised in prescribed manner and hence no adjudication of demands could be made by Labour Court. ORDER MAZHARUL HAQ (CHAIRMAN).--This is a reference under section 32 sub-clause 12) of the Industrial Relations Ordinance, 1969, for the adjudication of the 13 demands raised by the Firdaus Shoes Workers' Union, Muridke against the Management, Firdaus Shoes Muridke. Documents relied upon by the parties in this case, have been admitted by each other. A preliminary objection has arisen which would require determination before going into merits of the demands. The learned representative of the respondent Management has argued that the first demand notice was given by the Union on 7-2-1970 which included only 11 demands. Since at this date, the Union was not a bargaining agent, not having been registered, the demand notice was not valid and that any subsequent notice after the registration of the Union would not validate the first demand notice. It may be mentioned at this stage that the petitioner Union has not appeared for…