Law:

Section:

  Industrial dispute-Lock-out- Essential ingredients--Closure must be in connection with industrial dispute or with Intention to compel workmen to accept certain terms affecting employ ment-Mere closing of place of employment Does not amount to lock-out-Place of employment (Hotel) remaining closed for 3 days e due to quarrel resulting In police interference and registration criminal case-Essential ingredients of lock-out, in circumstances; I held, not established sad case not that of lock-out-Industrial Relations Ordinance (XXIII of 1969). Date of hearing: 25th August 1972.                                                                                                                    DECISION This is an appal against an award dated February 28, 1972, whereby the learned Chairman of the Second Labour Court ordered that "the affected employees are entitled to be re-instated with immediate effect." The facts giving rise to the appeal briefly put are these. The Karachi Hotel Workers' Union (hereinafter called the Union) made an application under section 34 of the Industrial Relations Ordinance, 1969 (herein after called the Ordinance), on 31st December 1969. It would be useful for the consideration of the contentions of the learned Advocate for the appellant to reproduce the whole of the applica tion, which runs as under:- "(1) That the respondent named above, hereinafter referred to as respondent, are an establishment serving as a public hotel and there have been employed and are at present employed about 40 workmen. (2) That in view of the position explained in para. (1) above, the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are applicable to the respondent-Establishment. (3) That out of a total of 40 workmen employed by the respondent 28 workmen had joined the applicant-Union by November 1969,…