Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) --- S. 46-A (4)-Labour Court directing Management to lift illegal lock-out-Persons having voluntarily accepted retrenchment and received termination dues in full and final settlement of their accounts prior to order of Labour Court-Held, cannot claim benefit of Labour Court's order. Naeem Sultan Butt for Petitioner S. Noor Ahmad for Respondent. JUDGMENT On the report of the Assistant Director, Labour Welfare, Lahore under section 46-A of the Industrial Relations Ordinance, 1969, this Court made an order on 19th May, 1975 directing the Management of Machine Tools Manufacturing Company, Multan Road, Lahore to lift the illegal lock-out immediately and to re-instate the illegal locked out workers. It was also directed that back benefits be also paid to such illegally locked-out workers. 2. On 28th May, 1975 Machine Tools Manufacturing Labour Union hereinafter referred to as the petitioner Union filed the under consideration application under section 46-A (4) of the Industrial Relations Ordinance against the Management of Machine Tools Manufacturing Factory, Multan Road, Lahore, seeking relief to the effect that the Factory of the respondent might be attached and an order might be made for the appointment of official receiver. It is alleged that after the order of the Court the respondent pasted a notice on 24th May 1975 stating that in accordance with the order of the P. L. C. No. 1 all the workers who were terminated by order dated 1st April, 1975 were re-instated. It was however added that this order would not apply to those employees who had resigned and had received their dues. It is further alleged that all the workers having not been allowed to resume duty in accordance with order of the Court the lock-out wag continuing. The respondent resisted the application and pleaded that the petition was not maintainable in as much as there had been no contravention of any order of the Court, nor there was any continuance of any lock-out. There was no hardship to the community or a prejudice to the National interest. The respondent maintained that the petitioner Union through the present petition sought to espouse an…

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