Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 5(4),10,12(4),2(h)

(a) Industrial Disputes Ordinance (LVI of 1959)----Ss. 5(4), 10, 12(4) & 2(h)-Question: Whether any "industrial dispute" exists or whether particular Union has locus standi to agitate disputes-Can be determined only by Industrial Court and not by Conciliation Officer or by any other Court-Conciliation Officer failing to bring about settlement between parties-Bound to issue Failure Certificate in terms of S. 5(4).   The question, whether an industrial dispute exists or whether a particular Union of workers is competent to agitate the dispute on behalf of the employees and such other questions could be determined only by the Industrial Court and not by the Conciliation Officer or even by the High Court. The Conciliation Officer in case he comes to the conclusion that the parties were not willing to conciliate their dispute has no option but to issue a failure certificate in terms of section 5 (4) of the Industrial Disputes Ordinance, 1959.   Hotel Metropole Ltd. Karachi v. Employees' Union P L D 1964 S C 633 ref.   (b) Industrial Disputes Ordinance (LVI of 1959)----S. 5 (4) read with West Pakistan Industrial Disputes (Conciliation and Adjudication) Order, 1965, cls. 3 (3) & 4-Conciliation Officer failing to bring about settlement-Should submit detailed report about industrial dispute to Government instead of issuing failure certificate.   Date of hearing: 25th November 1965.   JUDGMENT   WAHIDUDDIN AHMED, J.----This is a petition under Article 98 of the Constitution of Pakistan. The petitioners, which is a Trade Union registered under the Trade Unions' Act, 1926, alleged that it represents the workmen of Ghandhara Industries Ltd., Karachi. In April, 1963, it is alleged that industrial dispute arose between the Employers and the workmen. The petitioners addressed a letter to the Employers for fixing an appointment to remove the misunderstanding between the parties. This was followed by another letter on 27th April, 1963. The Employers on the same date informed the petitioners that no Employees Union has teen officially recognised by them and as such the petitioners are not entitled to agitate any dispute…