Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 50, 2(ii)

Law: Industrial Disputes Act, (XIV of 1947)

Section: 2(b)

Industrial Relations Ordinance (XXIII of 1969) S. 50-Interpretation of award-Judgment of Supreme Court or High Court regarding determination of Industrial dispute-Not an award-Not subject to interpretation by Labour Appellate Tribunal. In the present case the award of Labour Court had been amended by the Supreme Court exercising its powers under Article 160 of the Con stitution of 1956. It was contended that the award as amended can be inter preted by the Labour Appellate Tribunal under section 50 of the Industrial Relations Ordinance, 1969. Held : Having regard to the definition of "award" in section 2(b) of the Industrial Disputes Act, 1947 and section 2(b) of the Industrial Disputes Ordinance, 1959 it will be seen that for the first time the determination of an industrial dispute by rise Appellate Tribunal was inserted in the definition of the award given in section 2(ii) of Industrial Relations Ordinance, 1969. If the Legislature intended that the determination of an industrial dispute either by the High Court or by the Supreme Court was an award, it would have specifically stated so as it was done in the case of determination of an industrial dispute by the Appellate Tribunal. Since it was not done, the judgment of the Supreme Court cannot be called an award and as such it can not be interpreted by the Labour Appellate Tribunal. So far as the modification of the award is concerned it is the decision or the Supreme Court which has to be looked into and if any doubt arises with regard to its interpretation or the consequences which flow from the modification, It is only the Supreme Court alone which can interpret its modification Under Order XL, rule 6 of the Pakistan Supreme Court Rules of 1956 the Supreme Court has inherent power to make orders which are necessary for the ends of justice or to prevent abuse of the process of the Court. There fore the Supreme Court alone can clarify and interpret its own judgments and the decrees. Mohammed Saeed and 4 others v. Election Petitions Tribunal, West Pakistan and 3 others P L D 1957 S C (Pak.) 91 and Remington Rand of Pakistan Ltd. v. The Islamic Republic of Pakistan and 2 others P L D 1957 S C (Pak.)…