Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 30(1), 47

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 47

Industrial Disputes Ordinance (LVI of 1959), S. 30(1) -Expression "workman concerned in such dispute"-To be given liberal interpretation-Word "concerned" does not connote strictly a kind of specific and direct interest - Workmen through their Union serving strike notice and ultimately approaching Labour Court against dismissal of one workman-All such workmen in circumstances, held, had become "concerned" with dismissal of workman and concerned with industrial dispute pending before Labour Court relating to such dismissal - Industrial Relations Ordinance (XXIII of 1969), S. 47. Appellant in the present case had been dismissed during pendency of an industrial dispute before the Labour Court relat ing to dismissal of another workman which had been challenged by the workmen, including the appellant, through their Union. The appellant challenged his dismissal as a contravention of section 30(1) of the Industrial Disputes Ordinance, 1959. Hoe application was contested on the plea that section 30(1) was not attracted In his case as the appellant could not be said to be a workman "concerned in the dispute"' with regard to the industrial dispute about the earlier dismissal of another workman. The Industrial Court accepting the plea came to the conclusion that the appellant could not be said to be a person concerned with the dispute relating to the dismissal of another workman. On appeal before High Court it was again contended that the word "concerned" In section 30(1) of the Industrial Disputes Ordinance, 1959 (which corresponds to section 47 of the Industrial Relations Ordinance, 1969), connotes a kind of specific and direct interest, and, in a given legal or quasi-legal proceedings, it implies a direct and personal interest which a party to the proceedings would have in the result of those proceedings. Held; The dismissal of a workman was objected to by the workmen of the respondents, and consequently the workmen, through their Union and served notice of strike on the respondents and a conciliation proceeding commenced but they failed and a certificate of failure was issued under section 5(S) of the Industrial…