Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(v), 22, .26, 33, 43

Industrial Relations Ordinance (XXIII of 1969), Ss. 2(v), 22, .26, 33 & 43-Legal pre-requisites to raise an industrial dispute. No declaration under S. 22 given by Registrar declaring a Trade Union to be bargaining agent of a particular establishment-Such Trade Union has no Focus standi to give notice of demand or to invoke S. 26 for negotiation relating to industrial disputes-Provincial Government, in absence of existing industrial dispute as well as collective bargaining agent, cannot issue any notification prohibiting strike or lock-out under S. 33 nor can it legally refer such matter for final determination to a Labour Court. Dates of hearing: 23rd and 24th February 1971.                                                                                                            JUDGMENT KHUDA BARHSH MARRI, J.-This Constitutional Petition is ,directed against the order dated tz-9-70, of learned Chairman, First West Pakistan Industrial Court, Karachi, by which petitioner was "prohibited from continuing the lock-out and in all fairness it is expected that it will allow its workmen aforesaid to resume their duty forthwith." 2. The facts giving rise to this petition briefly are, that respondent No. 1, Karachi Hotel Workers' Union, a registered Trade Union under West Pakistan Trade Unions Ordinance, 1968, .claiming to represent workers employed in petitioner's hotel issued him a notice of demand under section 26 (1) of Industrial Relations Ordinance, 1969 on 1-1-1970, and subsequently on 15-1-1970 issued a notice of strike under section 28 (1) of Industrial Relations Ordinance, 1969, as a result, Assistant Director, Labour Welfare Government of West Pakistan, Karachi, called upon petitioner to attend a joint meeting with workers to be held on 26-1-1970 for discussion on strike notice. 3. The petitioner however, challenged the locus stand of respondent No. 1 Karachi Hotel…