Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------- --S. 28- Strike notice---Period-Provision not mandatory-Non-­compliance of time schedule-Does not invalidate a strike notice. 1980 P L C 57 and 1975 P L C 638 ref. 1976 S C M R 82 rel. (b) Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 34-A & 49-Industrial dispute--Charter of demands against operative settlement-Objection as to maintainability of dispute-Upheld-[1975 P L C 153 ; 1960 P L C 166 ; 1966 P L C 279; 1968 P L C 78 ; 1966 P L C 274 ; 1975 P L C 638 ; 1976 P L G 340 and 1976 P L C 533 dissented from. One of the settled conditions of existing settlement between the Management and Workers' Union (CBA) was that no financial demand shall be raised during subsistence of the settlement. Another body of workers in the establishment succeeded, in secret ballot and was declayed as Collective Bargaining Agent instead of the previous one. The settle­ment was still operative when the new CBA served the establishment with a strike notice with a fresh Charter of demands involving financial implications contrary to the subsisting settlement and ultimately raised industrial dispute before the National Industrial Relations Commission under S. 34-A of the Industrial Relations Ordinance, 1969. Held: The substantive provision is to be found in section 49 (2) of the Industrial Relations Ordinance, 1969 which makes a settlement binding for the period for which it is entered into till after the expiry of two months from the aforesaid period. If the already settled demands were to be reagitated when the earlier settlements were still in force, the consequences will be chaotic resulting in endless litigation. A Hood-gate of disputes and cases will be opened and no establishment will have a moment of peace which is the principal aim of the Industrial Relations Ordinance. The makers of this statute were not unaware of such a situation. This is clearly indicated by the provisions of section 49 thereof which put a settlement on a different footing than an award in the matter of their respective operative periods. In the case of an award under subsection (1) of section 37, Labour Courts have been vested with…

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