Law:

Section:

(a) Constitution of Pakistan (1973)­---- -----Art. 199-Discretionary relief-Concealment of material facts-­ Disentitles a petitioner from seeking discretionary relief. (b) Industrial Relations Ordinance (XXIII of 1969)­---- ----S. 32 (1-A)-Industrial dispute-----Application to Labour Court­ Words "after the commencement of strike or lock-out"-Indicate that' once strike or lock-out has commenced the party is entitled to make an application-Statute has fixed only starting point and has not fixed time when the party be debarred from making such application-No terminus quo fixed but party entitled to apply shall not have unlimited period at its disposal-Applica­tion must be filed within reasonable period after termination of strike-Negligence and laches may disentitle the party from seeking such remedy-Strike prohibited by Labour Court under S. 45 of industrial Relations Ordinance, 1969-Does not amount to termination but would only be a suspension without prejudicially affecting rights of parties-Contention that application to Labour Court after issuance of prohibition order by Labour Court was not maintainable rejected­ Application of Trade Union under S. 32 (1-A) to Labour Court after its strike was prohibited by Labour' Court under S. 45 of Industrial Relations Ordinance, 1969, held, maintainable. Employees' Union v. Monnoo Motors and others P L D 1975 Kar. 811 distinguished. Abdul Majid Khan v. The Chief Settlement and Rehabilitation Commissioner Pakistan, Lahore P L D 1968 S C 154 and Khawaja Ghulam Sar war v. Pakistan P L D 1962 S C 142 rel. Hassan A. Shaikh for Appellant. Ali Amjad for Respondent. Dates of hearing : 28th and 29th October 1980. JUDGMENT SALEEM AKHTAR, J.-The petitioners have challenged the order of the learned Sind Labour Appellate Tribunal, whereby he has held that the respondent No. 3 the Union were competent to raise the industrial dispute and further that the application filed by the Union under section 32(1-A) of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance) was maintainable. The petitioners are manufacturers of Hoseiry Products of Cotton and the respondent No. 3 claim to be a General Union of…

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