Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 18

Industrial Relations Ordinance (XXIII of 1969) S. 34 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 18-Enforcement of right guaranteed under law-Provisions of relevant law must have been fulfilled before approaching Labour Court under S. 34, Industrial Relations Ordinance. Section 34, Industrial Relations Ordinance, 1969 provides for the enforcement of a right which accrues to a party under any law, settlement or award. If the right is created by law, the conditions under which that right is created have to be fulfilled before their enforcement is sought under section 34. Standing Order 18, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1963 provides a period of limitation for challenging the termination of service. That right does not remain enforceable after the expiry of the limitation period and if that right does not remain enforceable its enforcement under section 34 of the Ordinance of 1969 cannot be pressed. In view of the policy of the Industrial Relations Ordinance, 1969 a cons truction beneficial to the workmen has to be preferred if more than one constructions are possible. In that view of the matter a worker may come to Labour Court to impugne his termination within a period of 60 plus 15 days as according to the provisions of S. O. 18, West Pakistan Industrial and Commercial Employ ment (Standing Orders) Ordinance, 1968, 15 days are allowed to move a grievance petition and a further period of 60 days is allowed to come to the Court when the employer fails to give reply to, or rejects, the grievance petition. Applications made to the Court long after the expiry of 75 days of the termination order are not maintainable.   AWARD Applicants Ghulam Nabi and Ahmad Khan were in the employment of the respondents Nawab Industries Sukkur. Applicant Ghulam Nabi was retrenched on 19th August 1970. and applicant Ahmed Khan on 20th August 1970. According to the applicants the termination of their services on the ground of retrenchment was taken up in the strike notice by the Union. Subsequently another Union came into existence and in the referendum held on 6th…