Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 34 & 44---Trade Union raised dispute which could not be resolved between the parties and Union approached Court for adjudication---While proceedings were pending before Court, a compromise was arrived at between the parties according to which settlement would be filed in Court which would pass award in terms of that settlement---Pending proceedings of settlement before the Court, Trade Union gave notice of demands accompanied by "Charter of Demands" to employer and also notice of strike---Pending industrial dispute between the parties before Court, fresh demands could not be raised by Union in breach of S. 44---Notice of demands given by .Union to employer, in circumstances, was illegal, in circumstances. Abdul Majeed, Representative for Appellant. Mehmood A. Ghani for Respondent No. 1. Qurban Ali Abbasi for Respondent No. 2. Date of hearing: 23rd December, 1992. DECISION This appeal calls in question the order of the Labour Court No. IV allowing the application riled by the respondent No. 1 under section 34 of the I.R.O., 1969. The circumstances in which it arose in brief are as follows. 2. On or about 12-3-1986 the Union had given a notice under section 26(1) of the I.R.O., 1969, accompanied by a Charter of Demands. It was followed by a notice of strike and the matter came up before the Conciliator. As the dispute raised could not be resolved between the parties even there, the Assistant Director of Labour had issued a Failure Certificate and the Union approached the Labour Court under section 32(1) of I.R.O., 1969, for adjudication. 3. While the proceedings were pending before the Labour Court the parties eventually concluded a Settlement among themselves on 15-8-1988. The duration of the settlement was for a period of two years from 1-4-1986 to 31-3-1988. Clause 19 of the Settlement was to the effect "that it shall be filed in the Labour Court No. I who shall pass an award in terms of this Settlement". This was duly done on 25-8-1988. 4. Before this settlement had been brought about the Union had given a notice of demands accompanied by `Charter of Demands' on 26-4-1988. There was also a notice…

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