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Industrial Relations Ordinance (XXIII of 1969)- --S. 46-A - Termination from service-Illegal lock-out-Orders to take back workers in service challenged before Tribunal in revision-Existence of legal industrial dispute at relevant time not proved-No question of illegal lock-out-Impugned order set aside and report under S. 46-A rejected. [p. 841]A M. S. Bokhari for Petitioner. Ejaz Hussain for Respondent No. 1. Arif Hussain Shah with M. A. Hamid Awan for Respondent No. 2. Date of hearing : 12th September, 1982. JUDGMENT The revision captioned above is directed against the order, dated 4th July, 1983 passed by the learned Presiding Officer, Punjab Labour Court No. 3., Lahore at Ferozewala, whereby the report made by respondent No. 1 under section 46-A of the Industrial Relations Ordinance, 1969 was accepted and declaring the orders of termination from service, dated 19th May, 1983 as illegal lock out, the petitioner was directed to lift the lock out and take back the 58 workers in service. 2. This is not very much disputed that termination orders of 58 workers were actually issued. According to the respondents, the termina­tion was in reality illegal lock out as an industrial dispute was pending and that the workers were compelled by the management to join workers and staff union, which, according to them, was a pocket union. An industrial dispute comes into being when a demand notice is served. Such a notice so far as labour is concerned, can be given by the C. B. A. as required by section 26 In the present case no C. B. A. existed at the time when the notice was served. It was given on 21st April, 1983 when there was existing only one union namely, the respondent No. 2. According to section 22 of the Industrial Relations Ordinance, 1969, membership of a C. B. A. must be at least 1/3rd of the total number of the workers. R. W. 1 stated that total number of workers according to the application filed by respondent No. 2, was 120 and list of 39 members of employees union was filed this being so the number of members fell short of I /3rd and respondent No. 2 union was certificate on the record, meaning thereby that uptil now respondent No. 2 union is not C. B. A. R.…

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