Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- -- Ss. 32(1-A) & 34-Industrial dispute -Demands relating to enforce­ment, of rights of workers conferred by law-Cannot be subject-matter of industrial dispute-Can be claimed under S. 34. Staff & Workers' Union v. Dost Muhammad Cotton Mills 1979 P L C 107 rel. Gul Muhammad, General Secretary for the Union. Qddir Hussain Sayeed for the Company. Date of hearing : 19th October, 1982. DECISION This appeal is directed against the decision of the learned Sixth Labour Court, given on 2nd November, 1981, dismissing the application made by the appellant union for adjudication by the Labour Court on its Charter of Demands. 2. The appellant Union, which is the C. B. A. in the Hyderabad estab­lishment of the respondent company, on 13th December, 1980 placed a charter of Demands before the management of the respondent company. In all 24 demands were raised. The demands may be broadly divided into two categories. In the first class may be placed those demands which are for the enforcement of rights of workers conferred on them by statute and in second category would come those demands where fresh benefits, entitlements or rights are claimed. The respondent company resisted the application and the demands of the appellant union on three grounds. The first objection raised by the respondent company to the maintainability of the application made by the appellant union under section 32 (1-A), I. R. O., was that it questioned the claim of the appellant union to be the C. B. A. in the respondent company establishment at Hyderabad. The second ground on which the application was resisted was that no reference to arbitration had been made. The last ground urged by the respondent company was that besides the Hyderabad establishment, the company had establishments at Karachi, Lahore, Multan, Rawalpindi and Peshawar and the workmen in those establishments were not getting more emoluments or better benefits than the workmen employed in its Hyderabad establishment. It was further urged on behalf of the respondent company that there was no jurisdiction for allowing any of the demands raised by the appellant union. The learned Labour…

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