Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38(3-A)---Revision, suo motu---Strike---Notice to call off strike---Labour Court on report from Enquiry Officer and after giving cogent reasons, coming to conclusion that strike was illegal and ordered workers to call off strike--­Order of Labour Court was communicated to workers through C.BA. or agents of defunct Union as well as by pasting on Notice Board and by publication but strike was not called off by workers---Labour Court then ordered dismissal of workers on strike---Workers were, however, given an opportunity to file a review petition ---Question arising whether such an order could be passed against workers without giving them any opportunity to be heard in person---Union office-bearers who conveyed order of Labour Court to workers were either unauthorised to receive order or were not enjoying confidence of workers---Report of Inquiry Officer showing that some of workers stated that they did not see written order---Held, it could not be said that service of notice on such C.B.A. or practically defunct trade unions would be considered sufficient compliance of notice under the spirit of Industrial Relations Ordinance or under principles of natural justice---Order of dismissal of workers passed by Labour Court on such notice by which order of calling off strike was communicated to the workers was not sustainable :;-Order was set aside and case remanded for consideration and fresh orders in respect of workers who had not submitted their review petition to Labour Court, after due notice to them by publication through daily newspaper and in case it was not possible, to serve them individually. (b) Natural justice, principles of--- ----Natural Justice, -requirements of---Requirements of natural justice would depend upon circumstances of each case. Ibne Ayub, Representative for Applicant. Respondents Nos. 1 and 3 in person. A. Hafiz, Representative for Respondent No. 6. M.L. Shahani and Mahmood Abdul Ghani Amici. Date of hearing: 6th December, 1990. DECISION By this Revision. Application the suo motu revisional jurisdiction of this Tribunal under section 38(3a) of IRO., 1969, is invoked and it is…

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