Case Details

Citation(s)
1985 SLG 2222 1985 SLD 2222 1985 PLC 884
Sindh High Court
Constitutional Petition No. D-170 of 1984, decided on 21st May, 1985,
ABDUL QADEER CHAUDHARY AND ALLY MADAD SHAH, JJ

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PAKISTAN TOBACCO COMPANY LTD.

VS

FULL BENCH OF THE , ISLAMABAD AND 3 OTHERS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 26, 28, 29, 30, 31, 32 & 33-Industrial dispute-Notice to strike, lock-out, negotiation, conciliation proceedings and reference of dispute to Industrial Relations Commission explained and illustra­ted-Plea that reference of industrial dispute between parties during pendency of conciliation proceedings by Federal Government was bad in law as same could not be referred during conciliation proceedings repelled-Held, under section 33 of Industrial Relations Ordinance, Federal Government in case of strike or lock-out relating to indus­trial dispute of national importance or an industrial dispute in respect of any of services which the Commission was competent to adjudi­cate and determine or by order in writing prohibit strike or lock-out at any time before or after commencement of strike or lock-out ­Government in such cases would forthwith refer dispute to Indus­trial Relations Commission or to Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 32, 33 & 41-Industrial dispute-Reference of dispute between employer and employees to National Industrial Relations Commis­sion-Notice to strike period having already expired-No concilia­tion proceeding pending on that date-Irresistible conclusion, held, would be that conciliation had failed-Cumulative effect of Ss. 32, 33 & 41 of Ordinance XXIII of 1969 would be that it was open to union of employees to go on strike had there been no embargo under M.L.R. 23-Consent of parties to proceed with conciliation proceedings, could not change position of law-Reference of dispute by Federal Government to National Industrial Relations Commis­sion brings to end conciliation proceedings before Conciliator--­Federal Government had authority to refer dispute to such commis­sion and issuance of failure certificate by Conciliator had no rele­vance. p.888]B Employees' Union v. Monno Motors and others P L D 1975 Kar. 811 and Brooke Bond (Pakistan) Limited v. Conciliator Appointed by the Government of Sind and 6 others P L D 1977 S C 237 distinguished. (c) Industrial Rel4tions Ordinance (XXIII of 1969)-- --S. 33-Industrial dispute relating to factory area…
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