Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 26, 28, 45

Industrial Relations Ordinance (XXIII of 1969) Ss. 26, 28 & 45--Strike resorted to without notice & without following pro cedure laid down in Ss. 26 & 28-Application for prohibition of strike, in circumstances, granted.                                                                                                                                    ORDER SHAFFI MUHAMMAD R. ARHUND (CHAIRMAN): This appli cation under section 45 of the Industrial Relations Ordinance, 1969, has been moved by the applicants for prohibiting the strike by the respondents, which, according to the applicants, is illegal. The case of the applicants is that the respondent-Union is the Registered Trade Union and the Collective Bargaining Agent of their Factory. On let December 1969, the applicant and the respondent signed an Agreement which is in operation and binding on both the parties till 30th November 1971. Accord ing to which the respondent-Union is barred from raising any demand till that period. According to the usual practice, the Annual Bonus for each year was distributed among the workers in the month of December every year. The bonus for the present year would be distributed with effect from 16th December 1971. However, keeping in view the coming Festival of Eid-ul-Fitter the applicants decided to pay the wages to all the workers on 18th November 1971, instead of 20th November 1971. But the respondent-Union demanded that the bonus be also paid before Eid-ul-Fitter. The applicant was, however, not in a position to pay the bonus in addition to the wages on account of financial stringency. The respondent-Union resorted to sudden and illegal strike with effect from 13th November 1971, without giving any notice either under section 26 or 28 of the I. R. O. 1969, and the strike still continues. According to the applicants, the strike is illegal…