Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 45

(a) Industrial dispute Lock-out-Termination of services of workers-Does not amount to lock-out. 1971 PLC 11 fol. (b) Industrial Relations Ordinance (XXIII of 1969) S. 45. Prohibition of strike-Workers' Union, as a protest against termina tion of services of some workers, proceeding on strike-Employer preferring application under S.34 for declaring such strike as illegal-Balance of convenience requiring direction to workers to resume work-Continuance of strike, in circumstances, prohibited.                                                                                                                                                        ORDER HIDAYAT HUSSAIN (CHAIRMAN)----Adams Tea Blending Factory have terminated the services of 50 of their employees out of 9'6 can the ground that the supplies of tea leaves from East Pakistan have broken down and, therefore, they need retrenchment. The respondent-Union says that this termina tion of services amounts to illegal lock-out and, therefore, they proceeded on strike on 28-491971. Through this application under section 45 of the Industrial Relations Ordinance, 1969, the applicants want me to declare the strike of the respondents illegal and require them to resume work. Mr. Mahmood Abdul Ghani who appears for the applicants has the following contentions to make :- (a) These are abnormal days and although there has been a lot of improvement in the conditions in East Pakistan yet the stage has not been reached where tea leaves may be plucked from the gardens and packed to be exported to this part of the country. (b) Termination of the services does not amount to lock out and the case reported in 1971 P L C 11 supports this view. (c) The balance of convenience also lies in favour of the Factory because if this…