Law:

Section:

Industrial Relations Ordinance. (XXIII of 1969)--- ----S. 40 (2)---Constitution of Pakistan (1973), Art. 199---Settlement---Notice of termination und-r S. 40 (2) of the Ordinance---Judgment of Appellate Tribunal that in cases where notice of termination under.S.40 (2), Industrial Relations Ordinance, 1969 was served after expiry of period of settlement agreed, the purpose of such notice and demand becomes negotiable, was called in question in view of contrary view taken by same' Tribunal in another case---On calling report from Tribunal by the High Court regarding its earlier contrary view, it was stated that the ruling in other case was not considered by the Tribunal in the present case as petitioner while arguing appeal did not cite the said case---High Court did not consider it necessary to examine the view of Tribunal given in earlier case as the management had no objection to negotiate charter of demands submitted by Union, in order to maintain cordial relations with the union---Management was directed by High Court to negotiate with union in accordance with law and in the light of undertaking given by management. Manawar Ahmad Javid for Petitioner Ch. Muhammad Hanif Dogar and Rana Muhammad Arshad, Addl. A.­G. for Respondents. Date of hearing: 1st October, 1989. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the judgment dated 27-6-1989, whereby it was held that in cases where notice of termination under subsection (2) of section 40 of the Industrial Relations Ordinance (XXIII of 1969) (hereinafter called the Ordinance), the demand notice, if it is served after the expiry of the period of settlement, agreed, the purpose, of such a notice and the demand become negotiable. However, a contrary view was taken by the Labour Appellate Tribunal Punjab in the case Workers' Union v. Hussain Sugar Mills (1984 PLC 129), wherein it was held that in terms of section 40 of the Ordinance, a settlement continues to remain binding on the parties after the…

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