Law: Constitution of Pakistan, 1962

Section: 98

Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 34,11

Constitution of Pakistan (1962), Art. 98 - Industrial dispute-Petition filed by person not aggrieved by impugned order--Held, not maintainable.   Constitution of Pakistan (1962), Art. 98-Industrial Court permitting certain person to represent party to dispute in proceedings before it-Procedural matter-No legal right of opposite party infringed thereby-Petition under Art. 98 not competent.   Industrial Disputes Ordinance (LVI of 1959), S. 34 read with S. 11-Section 34 does not operate as complete bar against all forms of representation in Court-Section 34(1) is enabling provision but not exhaustive in implications-Legal Practitioner, however, debarred from participating on behalf of party in proceeding under Ordinance-Civil Procedure Code (V of 1908), O. III, r. 1.   Section 34 of the Industrial Disputes Ordinance, 1959 does not operate as a complete bar against all the known forms of representations in Court. In subsection (2) of this section it is expressly laid down that no party to an industrial dispute shall be entitled to be represented by a legal practi tioner in any conciliation proceedings, or except with the consent of all the parties to the dispute, in any proceedings before the Industrial Court. This is the only prohibition intro duced by section 34 of the Ordinance. In it there is no bar against the other well accepted mode of representation in Courts by an agent or specially authorized attorney. Subsection (1) of section 34 is an enabling provision of law. It is permissive in its extent and its scope is by no means restrictive. It provides that a workman or an employer who is a party to any industrial dispute shall be "entitled" to be represented in such proceedings by an officer of the registered Trade Union or an officer of an associa tion of employers respectively. It does not expressly rule out any other mode of representation for a party in the proceedings under the Ordinance. The subsection is not exhaustive in its implications. Its purpose is to grant a statutory recognition to an additional mode of representation by the workmen and the employer in the proceedings under the Ordinance to which they are parties. So…