Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 46-Strike or lock-out-Whether illegal-Labour Court not empowered to declare a strike or lock-out illegal. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 46-A-Scope-Labour Court not empowered to pass an interim order to discontinue a strike or lock-out-Labour Court has to pass only final order after considering report of Officer of Labour Department and after giving reasonable opportunity of heaping to parties. Applicant in person. Rafiq Malik for Workers' Union. Wazir Rizvi for the Company. Respondent No.1 in person. Date of hearing: 16th February, 1982. DECISION The record of the proceedings before the learned Fifth Labour Court arising out of the report of the Assistant Director, (Conciliation;, East Division, Karachi, made on 13th August, 1979, .was called for, in the exercise of the suo Motu powers of revision of-' this Tribunal, for the purposes of examining the legality, correctness and propriety of the order passed on the said report by the learned Labour Court, dated l0th December, 1981, declaring the strike of the workers in M/s. Pakistan Jute & Synthetics Ltd., from 7th August, 1979 to 20th August, 1979, to be illegal and in contravention of the provisions of law. 2. It appears that on 9th August, 1479, at about 1.05 p.m., the Assistant Director, Labour (Conciliation) East Division, Karachi received intimation from the management of the Pakistan Jute & Synthetics Ltd., that the workers in. the mills had gone on illegal strike from 3.00 p.m. on 7th August, 1979.According to the report made tothe learned Labour Court by the Assistant Director, Labour he along­with the Deputy Director, Labour, visited the mills, at about 2-30 p.m. and noticed that only 197 workers, including clerical and supervisory staff, out of a total number of 718 workers of 'A' shift were working. Efforts were made by the officials of the Directorate of Labour and the Sub-Divisional Magistrate of the Area to get the work resumed but it appears that they were unsuccessful. Again, on 11th August, 1979, the above two Officers of the Labour Directorate visited the mills on receiving intimation that the workers…

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