Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 34 & 43Constitution of Pakistan (1973), Art. 199Constitutional petitionMaintainabilityPending proceedings in Labour Court with regard to existence of industrial dispute, the Collective Bargaining Agent had also filed Constitutional petition in High CourtHigh Court declined to admit Constitutional petition holding that interference by High. Court at such a crucial stage would frustrate industrial dispute which was pending before Labour Court. Sher Afgan for Petitioner. Muhammad Shafiq Quraishi for Respondent No. 2. ORDER The respondent No. 2 submitted a charter of demands consisting of six demands to the petitioner. Ultimately, as no satisfactory action was taken by the petitioner upon the said demands, the respondent gave a strike notice to the employer under section 26(3) of the I.R.O. A notice was also given to the conciliator under section 27 of the I.R.O., but the conciliation failed. In the meanwhile, the petitioner approached the Government of Sindh for prohibition of strike under section 33 of the I.R.O. and the dispute was then referred by the Government to the Labour Court. The respondent No. 2 also filed a petition on failure of the conciliation to the Labour Court. The Labour Court, however, did not decide the case on merits, holding that the industrial dispute had not been raised in accordance with law because of addition of one demand by the respondent No. 2 which was as under: "Demand No. 7. In pursuance of the above demands, if strike takes place, then the company shall pay full wages for the entire period of strike. " The Labour Court held that according to section 43 of the I.R.O., no dispute would be deemed to exist until it had been raised in the prescribed manner by a Collective Bargaining Agent or an employer. Because of the addition of one demand, it was held that the dispute had not been raised in the prescribed manner. 2. The respondent No.2 went in appeal before the…

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