Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Constitution of Pakistan (1973), Art. 199---Machine Pool Organization, reconstituted in the Mechanized Construction Company of Pakistan in 1974--Workers of Machine Pool Organization were terminated on charge of illegal strike organized by them---Labour Court ordered reinstatement of workers as also Labour Appellate Tribunal---Legality---Labour Appellate Tribunal's order was based on wrong premises viz. that Machine Pool Organization was the successor of Mechanized Construction of Pakistan, though factually the latter company was not in existence at that time i.e. in 1963 but was incorporated in 1974---Labour Appellate Tribunal's order being factually wrong could not be sustained---Case was thus remanded to Labour Appellate Tribunal with the direction to re-hear the matter and to decide appeal afresh on the assumption that Machine Pool Organization was not the successor of Mechanized Construction of Pakistan but it was the other way round. JUDGMENT AJMAL MIAN, C.J: -This petition is directed against the two orders dated 30-5-1979, passed by the learned VI Labour Court, Hyderabad and dated 24-10-1979, passed by the learned Sind Labour Appellate Tribunal at Karachi. The brief facts leading to the filing of the above petition are that there used to be a department of WAPDA in 1963 by the name of Machine Pool Organization (hereinafter referred to as the M.P.O.). Respondent 3, which was a union in respect of the employees working in M.P.O. raised certain Charter of Demands and thereafter served a strike notice on 8-3-1963 under the Industrial Disputes Ordinance, 1959 (hereinafter referred to as the Ordinance). It is the case of the petitioner that after the conciliation proceedings failed, the respondent 3 instead of referring the dispute to the then Industrial Court under the provisions of the Ordinance resorted to strike: Thereupon, the M.P.O. filed an application which was registered as Industrial dispute No. 8 of 1963 alongwith an application under section 2 of the Ordinance for prohibition of the strike on the ground that WAPDA was a public utility service. In consequence of the above applications the…

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