Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S. 10(5)--Notice for termination of award--To be given after expiry of period of operation of award--Notice prier to termination of award-­Invalid. 1964 P L C 509 and 1970 P L C 408 rel. Muhammad Ashraf Khan for Appellants. Mahmood A. Ghani for Respondent. Date of hearing: 18th October, 1984. ORDER This appeal is against the impugned order of the Sind Labour Court No. V, Karachi, dated 7-8-1984. The brief facts are that an award was given by the National Industrial Relations Commission and the same was to remain in operation upto 31-3-1984. The appellants wanted to terminate this award and hence they gave a notice on 1-2-1984, expressing their intention of termination of the award. The notice was given two months prior to the actual termination of the award. The appellants held a meeting 29-3-1984 and submitted a fresh Charter of Demands on 1-4-1984. The respondents went to National Industrial Relations Commission under section 34, I.R.O., 1969. On 4-4-1984, the Full Bench of the National Industrial Relations Commission issued a status quo restraining the respondents from serving the notice of strike. On 17-4-1984, the N.I.R.C. passed an order to the effect that it had no jurisdiction and the management should apply to the Labour Court for enforcement of its rights. Hence, an application was moved before the Labour Court to the effect that the award, dated 31-3-1984 still continued to remain in operation and that the notice of termination of award in terms of section 40(5) of the Industrial Relations Ordinance, 1969, has to be served after and not before the expiry of the period of award. Then, further proceedings took place before the Labour Court and the learned Labour Court held that the matter has become infructuous and that the notice of termination ought to be given after expiry of the operation of the award under section 40(5) and not before the expiry period of operation of the award. 2. This Court gave a notice to the respondents, namely, the management. The matter was argued at length by the learned counsel Mr. Mohammad Ashraf Khan for the appellant and Mr. Mahmood A. Ghani for the respondent. 3.…

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