Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Keywords: Appellate Tribunal, Trade Union, Jurisdiction, Management, Labour Court, Petition, Notice, Binding, Petitioner, Leave, Cognizance, Order, Harassment, Wrongful Dismissal, Notices, Collective Bargaining Agent, Constitution, Patent, Illegal, Appellate Tribunal, High Court, Grievance, Liability, Period, Dispute, Violation, Constitutional Jurisdiction, Parties, Place, Registered, Constitution Of Pakistan, Impugned Order, Language, Office, Costs, Remedy Result: Petition allowed JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-The facts giving rise to this Petition are that on 18-6-1974 the respondent employer filed an application before the Labour Court under section 34 of the Industrial Relations Ordinance, 1969 in which it was alleged that the petitioner registered Trade Union, its Collective Bargaining Agent, had given a strike notice under section 26 of the said Ordinance in relation to demands which were covered by an existing binding settlement and the strike notice was therefore, illegal. It was also stated in this application that some of the demands raised could be enforced in law independently of a strike notice which also made the strike notice illegal. The prayer clause in the application reads as follows: "It is, therefore, prayed that this Hon'ble Court would be pleased to enforce the secured and guaranteed right of the application by way of some suitable direction/order or decision holding that the impugned notices issued by the respondents' Union in pursuance of section 26 of the Industrial Relations Ordinance, 1969 are illegal/uncalled for and unwarranted and also that the same has led to a violation and breach of a binding settlement between the parties. It is also prayed that this Honourable Court would be further pleased to hold that the industrial dispute so raised by the respondent Union is patently in excess of jurisdiction and in sheer violation of their secured right." 2. The aforesaid application was accompanied by an application under section 45 of the Industrial Relations Ordinance, 1969 for prohibiting the strike but this application was not granted by the then Labour Court. 3. The application under section 34 of the Industrial Relation…

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