| 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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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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