Law:

Section:

Keywords: Determination, Provisions, Proceedings, Language, Public Utility, Validity, Appearance, Employees', Consideration, Interpretation, Commissioners, Division, Interpretation Of Statutes, Dispute, Parties, Consent, Commencement, Time Limit, Invalid, Government, Disclose, Order, Period, Failure, Certificate JUDGMENT This is an appeal under section l2 (4) of the Industrial Disputes Ordinance LVI of 1959, hereinafter called the Ordinance against the order of the Industrial Court dated the 27th February 1963, whereby the Court dismissed the application of the appellant under section 5(5) of the Ordinance for adjudication and determination of the dispute on the ground that the requisite certificate under section 5 (4) was not issued by the Conciliation Officer within the period prescribed therein. 2. The only facts that are necessary to state in order to dispose of this appeal are these : The conciliation proceeding before the Conciliation Officer started on the 28th March 1962. The last meeting between the appellant and the respondents was held before the Conciliation Officer on the 2nd May 1962. The Conciliation Officer issued a failure certificate on 2nd May 1962. The certificate was served on the appellant on the 7th May 1962. The appellant made an application on 29-5-1962, before the Industrial Court under section 5 (4) of the Ordinance for adjudication and determination of the dispute. 3. The relevant portion of the conclusion of the Industrial Court reads as under : " After going through the various rulings cited on either side and bearing in mind the various principles referred to by Maxwell in his book on interpretation of Statutes*. I have reached the conclusion that the provisions of section 5 (4) are mandatory and since the failure certificate in each of these disputes has been admittedly issued by the Conciliation Officer beyond the statutory period laid down in section 5 (4) of the Ordinance it becomes invalid and consequently the application filed under section 5 (4) of the Ordinance which depends for its validity on the validity of the failure certificates, also becomes invalid.** The relevant provision which requires consideration is…

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