| Citation(s) |
|---|
| 1972 SLD 3041 = 1972 PLC 80 |
Sindh Labour Appellate Tribunal
Appeal No. HYD-16 of 1971, heard on 26th April 1971.
Presented By: Inamullah Khan, Appellate Tribunal
Qureshi Amanullah for Appellant. Saghir Hasan Jafri for
Respondents.
Appeal No. HYD-16 of 1971, heard on 26th April 1971.
Presented By: Inamullah Khan, Appellate Tribunal
Qureshi Amanullah for Appellant. Saghir Hasan Jafri for
Respondents.
EMPLOYEES' UNION
VERSUS
MESSRS HABIB BANK LTD., HYDERABAD AND 5 OTHERS
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 2, 36(2) , 37, 45
Law: Civil Procedure Code (V of 1908)
Section: 151
(a) Industrial Relations Ordinance (XXIII of 1969), S. 37 read with S. 2-Words "any matter relating thereto" in S. 2-To be read ejusdem generis with words "Industrial dispute"-Cover only controversies with regard to employment or non-employment or terms of employment or conditions of work of workers-Order of Labour Court restraining Union from going on strike--Not an award but a decision in terms of S. 37(3) and final hence, not appealable. The Province of West Pakistan v. Syed Moharrum Ali and 93 others 1970 P L C 408. fol. (b) Industrial Relations Ordinance (XXIII of 1969), Ss. 45 & 36(2) read with Civil Procedure Code (V of 1908), S. 151 and O. XXXIX rr. 1 & 2-Ad-interim injunction-Order restraining strike-Application under S.45, Industrial Relations Ordinance, 1969 maintainable only when strikes is actually in existence---labour Court, however, has all powers of civil Court under S.36(2), Industrial Relations Ordinance Labour Court held, competent to order prohibition of strike, on application made under Civil Procedure Code, 1908, if circumstances mentioned in S. 151 and O. XXXIX, rr. 1 & 2 of Civil Procedure Code, 1908 exist even though strike not in existence but only threatened. Date of hearing: 26th April 1970. DECISION This is an appeal under subsection (3) of section 37, of the industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), against m, order dated the 20th of February…