Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A, 34

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 25A, O. 15(3)

(a) Industrial Relations Ordinance [XXIII of 1969]  Ss. 25-A & 34 [prior to amendment by Industrial Relations (Amendment) Ordinance (XLVIII of 1972), S.18] read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12(3)-Word "may" in S. O. 12(3), West Pakistan Industrial and Commercial Employ ment (Standing Orders) Ordinance, 1968-Connotes provisions obligatory and not mandatory-Workman seeking redress in respect of right guaranteed or secured by law, award or settle ment, has choice either to follow procedure of S. 25-A, or make application under S. 34, Industrial Relations Ordinance 1969-Workman aggrieved of dismissal, held not bound to follow necessarily procedure of S. 25-A-Non-compliance with procedure of S. 2`-A, does not render application under S. 34 as not maintainable. In an application filed prior to the promulgation of Industrial Rela tions (Amendment) Ordinance, 1972, whereby word "workman" was deleted from section 34 of the Industrial Relations Ordinance, 1969, the question was as to what was the effect of failure of workman to follow procedure prescribed in section 25-A of the Ordinance. It was contended that in such circumstances, the application filed under sections 25-A and 34 was not even maintainable under sections 34 in view of the provisions of S. O. 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Held: On 2nd November, 1972, when the workman made his application before the Labour Court, he had a choice under the Industrial Relations Ordinance, 1969 either to follow the cumbersome procedure prescribed under section 25-A of the Ordinance or to go straight to the Labour Court for redress of his grievance under section 34 of the Ordinance. In either case, whether he made an application under section 25-A of the Ordinance or under section 34 of the Ordinance, his grievance had to be in respect of any right guaranteed to him under any law. He could get redress under either of the two provisions of law only if he succeeded in establishing that he had any right guaranteed or secured to him under any law or any award…