This applicant under section 145 of Industrial Relations Ordi--nance, 1969, has been made on the ground that the respondent Union has, in violation of the memorandum of agreement arrived at on 15-9-1968, by which the respondent-Union had agreed not to make any financial demand for a period of two years, thereafter' resorted to a strike on the basis of additional financial demands, It is stated in paragraph 5 of the application that the strike notice was given on 20-12-69, and that the strike has in fact been resorted to on 13-1-70. The contention is that, this strike is an grant violation of the settlement and that the strike itself is therefore illegal, causing irreparable loss and damage in terms of production. The prayer therefore is to prohibit the respondent from continuance of the strike and to permit the workers to resume work.
2. The respondents have repelled the grounds on whim the application is made, the preliminary objection being that the agreement or settlement is not binding in view of the interim relief- granted to the workmen in the context of the minimum wages for unskilled workmen and their effect on the present price structure and that the strike is in accordance with the provisions of the Industrial Relations Ordinance, 1969, and that the application is therefore not maintainable.
3. I have heard Mr. Mahmood Abdul Ghani for the applicants and Mr. Wajid Bashir for the respondent. Emphasis
4. The memorandum of settlement between the parties was arrived at on 15-9-1968, and was made in the presence of the Conciliation Officer and the Assistant-Director, Labour Welfare, Karachi. The fact that such a settlement was made is admitted by the learned counsel for the respondents. It is clear from the definition of "settlement" that it included a settlement or an agreement arrived at between the employer and the workmen otherwise than in the course of the conciliation proceeding and the provisions of subsection 1(d) of section 46 of the Ordinance, are equally clear that within the period during which the settle--ment is in force no strike shall be commenced "in respect of any of the matters covered by the settlement." This answers the objection of the respondents that in spite of the final clause of the settlement by which the workers and the Union agreed not to make any financial demand for two years from 16-9-1968, certain aspects of the Minimum Wages Ordinance and the price structure had constrained them to raise fresh financial demands which No. 22 and which demands are the basis for their strike. If such is the case, these financial demands can. be adjudicated in due course of law within the framework of the industrial Relations Ordinance, 1969.
5. In Adamjee Jute Mills Ltd. v. Province of East Pakistan (1060 PLC 180), Fazle-Akbar, J. observed "I would like to observe that the industrial peace demand that sanctity should be attached to the award and to the settle--ment and if the Government or the parties are allowed to think that a settlement based on the award has no sanctity whatsoever then there would be little chance of ending the industrial dispute,"
6. Injustice it is necessary that a solemn undertaking should be strictly adhered to by the parties concerned in the interests of peace and harmony in Industrial establishments. If parties are permitted at their sweet will to repudiate any term and condition of an agreement solemnly undertaken by them there will be no end to litigation and disputes. There is besides the extremely important aspect of the economic welfare of this country and when the parties can appeal to a Court for a resolution of their differences and demands resort to an illegal lock-out or strike and it is therefore necessary to take action.
7. I am therefore convinced reading subsection 1(d) of section 46 of the Ordinance with the definition of settlement under subsection (xxiv) of section 2 of the Ordinance, that the present strike resorted to by the respondent is prima facie illegal in conse--quence of which this application is granted namely that the res--pondents are hereby prohibited from continuing the strike and further that they should permit and direct their workers to resume work. I order accordingly.