Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) read with Constitution of Pakistan (1972), Art. 11(a)- Industrial Relations ordinance1969, held law of necessity hence valid not with-standing its promulgation during unconstitutional and illegal Martial law regime. It was contended that in view of the judgment of the Supreme Court in Asma Jilani's case P L D 1972 S C 139 the Industrial Relations Ordinance:, 1969 was void, hence no offence could be tried thereunder. Held: Applying the conclusions arrived at by His Lordship the Chief Justice in Asma Jilani's case reported vide P L D 1972 S C 139 it is evident sufficient protection has been given to legislative acts of the ex-President which might have been absolutely necessary on the doctrine of necessity. It has been left to the courts to treat a "law" of the said regime as valid under the conditions stated therein. Now coning to Industrial Relation Ordinance, 1969 the very object shows that it was an Ordinance" to amend and consolidate          the law relating to the formation of Trade Unions, the regulation of relations between employees and workmen and the avoid settlement of any difference or dispute arising between them or matters connected therewith and ancillary thereto. It is further said in the objectives that the National interest of Pakistan in relation to the achievement of uniformity required Central Legislation in tire matter and hence the said Industrial Relations Ordinance, 1969 was passed. Thus it is absolutely clear that the said' legislation (Industrial Relations Ordinance, 1969) although passed during the Martial Law regime dad not in any way impair the rights of the citizens under the previous lawful Constitution nor it ran counter to the previous lawful Constitution nor it was intended to strengthen the usurper. On the contrary it was passed for a good cause to regulate the relationship between the employees and workmen and avoidance of any differences or disputes arising between them. Thus this law could come under the doctrine of necessity and Could be treat as valid law. Furthermore from 21st April 1912, the day on…