' This appeal arises from the decision dated 30-10-1979 passed by the learned Presiding Officer, Punjab Lahore Court No,1, Lahore, whereby the grievance petition brought by the respondent union under section 25-A of the Industrial Relations Ordinance, 1969 was accepted and the working hours were restored to six hours per day and 341 hours in a week.
2. Previously the employees of G.T.S. Saddar Depot were performing duties of six hours per day, but on 9-11-1978 the working hours were increased by two hours a day. The said order was challenged in the grievance petition on the grounds that during the pendency of the industrial dispute, no change could be effected in the conditions of service without taking permission under section 47 of the Industrial Relations Ordinance, 1969. In the written statement the pendency of the industrial dispute before the conciliator was accepted. But it was contended that the employer was competent to increase the working hours upto a limit prescribed in section 34 of the Factories.
Since the fact of the pendency of the industrial dispute is admitted, the increase in the working hours was in direct violation of section 47. Without taking permission from the conciliator before whom the dispute is pending, no change in the service conditions could be brought about. The quantum of working period comes within the terms and conditions of service, which, therefore, could not be changed during the pendency of the industrial dispute without permission. Even otherwise without cogent reasons working hours could not be increased. The mere fact that according to section 34 of the Factories Act, work can be taken from the employees for not more than eight hours, is not sufficient to increase the existing working hours. If some reasons had been given and they had been found as cogent, there could be scope to say that there was justification in the increase of the working hours. The longstanding practice of taking duty for six hours, could not be increased by an overnight change without any reason. Just in the manner the workers are bound to work for six hours daily and not less than that, in the same manner the employer is bound to take duty from the employees for six hours and not more than that. The learned lower court, therefore, was justified in accepting the grievance petition of the respondents and restoring the duty hours to six hours daily and 341 hours per week. There is no force in the appeal, which is dismissed.