Law:

Section:

(a) Industrial Disputes Ordinance (LVI of 1959), S. 10 (1)(a)(aa) read with Ss. 2 (b) do 12 (S) and with Art. 98 (2), Constitution of Pakistan, (1962)-Dispute raised by party having no right to raise such dispute-Decision of Industrial Court disposing of preliminary objection as to locus stand of party raising dispute, covered by S. 10(1)(a), (aa), and being an "award" within meaning of S. 2 (b) is appeal-able under S. 12 (4)-Petition under Art. 98 (2), Constitution of Pakistan (1962), challenging decision of Industrial Court, without resorting to remedy by appeal, held, not maintainable in High Court.   Held, that a preliminary point raised by the employers before the Industrial Court that the Union raising the dispute was not legally constituted and so had no locus stand before the Industrial Court, clearly comes within the scope of clause (a) of sub section (1) of section 10 of the Industrial Disputes Ordinance, 1959. An industrial dispute raised at the instance of party which has no right to raise such a dispute, falls within the category of frivolous or vexatious disputes. The Court, therefore, had juris diction to decide the question.   Further, as "any matter" has been made referable to any industrial Court the decisions of the Industrial Court under both -the clauses (a) and (aa) are awards within the meaning of section 2 (b) of the Ordinance.   The mere fact that the Court had described it as a decision and not as an award does not affect the position. The petition under Art. 98 (2), Constitution of Pakistan (1962), therefore, was not maintainable, having been made without availing remedy by appeal provided by section 12 (5) of the Industrial Disputes Ordinance, 1959.   Petition No. 309 of 1962 (unreported) rel.   Industrial Disputes (Amendment) Ordinance (LXXIX of 1962)-Not ultra vires the President-Constitution of Pakistan (1962), Art. 32 read with Third Sched., Arts. 131 (2) and 224.   Trade Unions Act (XVI of 1926), S. 22 (2) read with S. 13-"Industry"-Means industry carried on by the employer or similar industries--Section 13 only declares a registered Union to be a juristic person; it…