Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2

Law: Factories Act, 1934

Section: 35

Industrial Relations Ordinance (XXIII of 1969) S. 2 and [as amended vide Industrial Relations (Amendment) Act (XVI of 1975)], S. 32 (1-a) read with Factories Act (XXV of 1934), S. 35-Industrial dispute-Raising of, by Collective Bargain ing Agent-Right secured or guaranteed to C.B.A. or any workman-Excluded from purview of collective bargaining between C.B,A. and employer-Raising of demand for enforcement of such right-Not permitted-Weekly holidays-Grant of-Covered by S. 35 of Factories Act, 1934-Industrial dispute, held, could not be founded or raised for such demand. Date of hearing : 13th October, 1980.                                                                                                                       DECISION This appeal is directed against an order made by the learned Second Labour Court on 20th May, 1980, rejecting the charter of demand raised by the appellant-Union on 19th July, 1978. 2. The facts which form the background of this appeal, shortly stated, are that on 6th February, 1972 the appellant-Union raised a charter of demands against the respondent-Company which contained in all eight demands. One of the demands was for full average wages for weekly holidays for the workmen employed on daily. wages. The demands were referred to the arbitration of Mr. Mairaj Muhammad Khan, who was then Presidential Adviser for Public Affairs. He gave two awards, one in respect of the field staff and the other in respect of the workers in the respondent-Company. Both the awards were challenged by way of a Constitutional Petition in the High Court but the High Court declined to interfere with the awards. The matter was thereafter taken to the Supreme Court which, by its Judgment, delivered on 23rd December, 1976, set aside the award but observed that despite its judgment the two Unions are not debarred from raising their demands afresh against the Company in…