Case Details

Citation(s)
1997 SLG 943 1997 SLD 943 1997 PLC 741
Labour Appellate Tribunal, Sindh
Appeal No. KAR-289 of 1994, decision dated: 17-11-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
Farid Gul Khan for Appellant. Faruq A. Ghani for
Respondents.

FEDERATION OF PAKISTAN, CHAMBERS OF COMMERCE AND INDUSTRY PROGRESSIVE WORKERS UNION (C.B.A.) through the GENERAL Secretary, Karachi

VS

Messrs FEDERATION OF PAKISTAN, CHAMBERS OF COMMERCE AND INDUSTRY through GENERAL Secretary and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)Ss. 1(3) & 2(xiv)West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 1(4) & 2(b)­Chamber of CommerceImmunity from labour lawsNonprofiting organisation such as Chamber of Commerce was neither industry nor commercial establishment, thus, would not fall within the ambit of Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 26 & 43Industrial disputeExistenceLaw did not recognise the existence of an industrial dispute unless it was raised in the manner prescribed in S. 43 of Industrial Relations Ordinance, 1969In case of any defect in the proceedings and if any direction had not been strictly followed, the entire proceeding would be vitiated. (c) Industrial Relations Ordinance (XXIII of 1969) Ss. 1(37), 2(xiv) & 43Industrial disputeExistenceAcademic dispute MaintainabilityIn the absence of there being a business establishment,' industrial or commercial, involving adjudication under the labour laws, dispute would assume the form of the academic dispute not maintainable before the Labour Court or the Tribunal. Farid Gul Khan for Appellant. Faruq A. Ghani for Respondents. Date of hearing: 17th November, 1996. DECISION This appeal arises from an award given by the Labour Court No. V, in respect of an industrial dispute raised under section 26 of the I.R.O. by Federation of Pakistan Chambers of Commerce and Industry Progressive Workers Union, C.B.A. against the Federation of Pakistan Chambers of Commerce and Industry in respect of 17 demands raised in the Charter of Demands by the C.B.A. The learned Labour Court dismissed the petition moved by the C.B.A. for adjudication and award of the socalled industrial dispute after recording evidence but on consideration of the point of law that the Federation was not an industrial or commercial establishment so as to attract application of the I.R.O., 1969 and that the Demand Notice having been served on 27th November, 1989 and the Strike Notice could only have been issued after 10 days of the…
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