Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 45

Industrial Relations Ordinance (XXIII of 1969), S. 45-Lock-out-Prohibition of-Union alleging lock-out resorted to without adopting prescribed procedure but Management contending termina tion of services simply due to continued and anticipated losses-- Balance-sheet indicating profit during last four years-Termination orders issued only after submission of charter of demands by, Union and failure of mutual discussion-Case in circumstances, held, that of prima facie illegal lock out and prohibitory order issued.                                                                                                                       ORDER SHAFFI MUHAMMAD R. AKHUND (CHAIRMAN-).--In this application under section 45 of the Industrial Relations Ordinance, 1969, the applicant seeks prohibition of the lock-out alleged to have been illegally resorted to by the respondents since 20th June 1972. The case of the applicant, who is the General Secretary, Pakistan Yin Industries Employees' Union, is that the Union was registered on 29th March -1972, and it presented a Charter of demands to the respondents, under section 26, on 8th May 1972. The respondents, who had never treated the workers fairly and properly since its establishment about 12 years back, resented the formation of the Union and got further annoyed on being present ed with the Charter of demands. The mutual discussions in respect of the demands, however, continued till 19th June 1972, but failed on account of the unjust and adament attitude of the respondents. Consequently, the Union arranged for holding a secret ballot en 20th June 1972, to ascertain the will of the mem bers for serving strike notice on the respondents. But, while the secret ballot proceedings were going on, one of the Directors of the respondent concern came in the Factory, ordered the closure of the industry, and turned out all the workers. Since then,…