Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 45

Industrial Relations Ordinance (XXIII of 1969) S. 45-Prohi bition of lock-out-Workers resorting to legal strike but Government prohibiting such strike-Management refusing to allow workers to resume duty alleging that they had been dismissed during pendency of strike-Case, to circumstances, held, that of lock-out requiring prohibition and Management allowed to proceed against such workers according to law.                                                                                                                                  ORDER HIDAYAT HUSSAIN (CHAIRMAN). Workmen of the respondent establishment proceeded on legal strike on 3rd March 1970. The Government of West Pakistan in the Labour Department prohibited this strike through order dated 14th March 1970, and referred the demands of the workers to this Court. After the strike was prohibited the workers reported for work. It is the case of the applicant-Union that 90 workers included in the list annexed to the application were refused work by the Manage ment hence this application under section 45 of the I. R. O., 1969 by the applicant Union. Mr. Fayyaz Muhammad Azad appearing for the applicant-Union submits as follows: (a) The strike was legal and after it had been prohibited by the Government of West Pakistan the Management was bound to take all the workers back on work. (b) The fact that the Management refused to take these workers back on work goes to show that there is a lock-out. Mr. Muzaffar Ahmad Khan for the respondent-Management contends as follows:- (a) The strike was legal but it was only partial. (b) Those workmen who had gone on strike attempted to prevent those who were willing to work and then the Manage ment had to take disciplinary action during the pendency of the strike. (c) The Management was prepared to take all the workers back except 19 workers who had been…