Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 29

(a) Industrial Relations Ordinance (XXIII of 1969)  S. 29 [as amended by Labour Laws (Amendment) Ordinance (IX of 1972)]-Sending of copy of notice to Labour Court-Provision directory and not mandatory. The industrial dispute was contested on the legal objection that since the Union had not sent a copy of strike notice to the Labour Court as required in section 29 of the Industrial Relations Ordinance, 1969 [as amended vide Labour Laws (Amendment) Ordinance, 1972] the industrial dispute had not been raised in the prescribed manner in terms of section 43 of the Ordinance. Held : In order to ascertain as to whether a provision is manda tory or directory, one has to examine the scheme, scope and object of an enactment in order to ascertain the intention of the Legislature. Since no injury will result if a copy of the notice of strike is not sent to the Labour Court, this provision is not mandatory but directory. Since there is no penalizing clause for not sending a copy of the strike notice to the Labour Court, this provision appeals to be directory and not mandatory. The breach of directory provision does not create an invalidating effect. Crawford on Statutory Construction, Art. 261, p. 516 ; Traders Co-ope rative Bank Staf Union v. Traders Co-operative Bank Limited. Sialkot P L J 1973 I r. C 202 ; The Collector, Mardan and 2 others v. Mst. Taj Bibi and 14 others P L D 1972 Pesh. 197 ; Rana Muhammad Jamil v. The Punjab Road Transport Board, Lahore and others P L D 1957 Lah. 1 ; Tanzeem-e- Mulazamin Baldiya v. Government of West Pakistan P L D 1971 Kar. 535 ; Abdul Latif Khan v. The Province of East Pakistan and others P L D 1970 Dacca 350 ; James Finlay & Co. Limited v. Aminul-Islam and others P L D 1969 Dacca 571 and Sutlej Cotton Mills Limited, Okara v. Industrial Court, West Pakistan, Lahore P L D 1966 S C 472 rel. Col. Bashir Hussain and 10 others v. Land Acquisition Collector, Lahore Improvement Trust, Lahore and 2 others P L D 1970 Lah. 321 ; Nazir Ahmed v. King-Emperor A I R 1936 P C 253 ; Ghulam Abbas v. State P L D 1966 Lah. 101 ; Muhammad Sharif v. Sh. Muhammad Rafiq, Settlement and Rehabi litation Commissioner, Lahore and 2 others P L D 1968…