1. KHUDA BAKHSH A. KAZI (CHAIRMAN).--On 4th October 1972 the above-named applicants filed an application under section 34, Industrial Relations Ordinance., 1969 against the above named respondents in this Court.
2. The main prayer in the said application is that the removal of 212 workers be declared as illegal and they be entitled to continue their service in the respondent-company.
3. Alongwith the said application an application under section 45 of Industrial Relations Ordinance, 1969 was filed by the applicants wherein it was prayed that prohibitory order be issued against the respondent company from continuing lock-out till the disposal of the application under section 34 of Industrial Relations Ordinance, 1969. This application is supported by an affidavit of Mr. Qamar Qureshi, General Secretary of the applicant-Union.
4. Mr. Badruddin, Manager of the respondent-Company filed his counter-affidavit in which he has denied all the allegations. He states that no lock-out has been declared by the Company. He further states that due to the constant non-availability of the requisite raw materials for an indefinite period beyond the initial lay-off of 14 days, a situation beyond the control of the respondent-company arose and hence the services of the workers of the Jerrican Department had been terminated with effect from 28th September 1972 in accordance with the provisions of law and that most of the affected workers had since been paid all their lay-off wages and other legal dues in full and final settlement as provided by law. He further contends that the applicants had already filed an application under section 34 of Industrial Relation Ordinance, 1969 bearing No. 367/72, In this Court alongwith which they had filed an, application under Order XXXIX, rules 1 and 2, C. P. C. with regard to the initial lay-off declared by the respondents. The said application for temporary injunction was dismissed by this Court he denied that the termination of the service of the workers was mala fide. According to him the said lay-off and the subsequent termination was quite legal, proper, bona fide and in accordance with law.
5. Mr. Qamar Qureshi, General Secretary of the Workers' Union filed his affidavit in re-joinder. He states that the prior application under section 34 of Industrial Relations Ordinance, 1969 was with regard to lay-off whereas the present application under section 34 of Industrial Relations Ordinance, 1969 is for declaration that the alleged termination of service of workers on 28th September 1972 was maid fide sad as such illegal. The termination, according to him, amounted to lock-out.
6. I have then heard the learned Representatives of the parties at a very great length.
7. At the very outset It will he important to note that the said applicants had filed an Application No. 367/72 under section 34 of Industrial Relations Ordinance, 1969 in this Court in which they had prayed that the lay-off which was going to be effected may be declared as illegal. Alongwith the said application an application under Order XXXIX, rules I and 2, C. P. C. was also flied. After giving a proper hearing to the parties I had dismissed the said application under Order XXXIX, rules 1 an 2, C.
8. P. C. by my detailed order dated 13th September 1972. The applicants contend in the present case that it is one of lock-out. The case of the respondents is that in view of the constant non-availability of the requisite raw materials for an indefinite period beyond the layoff of 14 days, the situation beyond the control of the respondent-Company had been created and hence the service of the workers of the Jerrican Department had been terminated with effect from 28th September 1972 in accordance with law and most of the affected persons had since been paid I their lay-off wages and other legal dues in full and final settlement as provided by law. Actually in the Application ' No. 367/72, under section 34 of Industrial Relations Ordinance, 1969, it would be determined whether the lay-off was legal or otherwise. The termination of the service of the workers of the Jerrican Department as disclosed in the counter-affidavit has been done under the provisions of section 11(3) of the Schedule attached to the west Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. In my said order dated 13th September 1972, whereby the said application for grant of temporary injunction was dismissed, I had observed that only under the main application under section 34 of the Ordinance it would be determined whether the lay-off was legal of otherwise. In case the applicants succeeded they would be entitled to all the benefits. I have also observed that at the moment the balance of convenience was in favour o: the respondents. In the present application under section 45 of Industrial Relations Ordinance, 1969, the version of the applicants is that the respondents had declared lock-out. This position has been vehemently denied by the respondents. Their case is that in consequence of the lay-off the services of the said workers had been terminated under section 11(3) of the Schedule attached to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
9. I have considered all aspects of the case. I have read the affidavits filed on behalf of each party. I have considered the arguments advanced by the learned Representatives of the parties. As a matter of fact Application No. 367/72 under section 34 of Industrial Relations Ordinance, 1969 is the most important application, which will determine the legality, of the lay-off. The termination appears to be in consequence of the said lay-off Hence to my mind there appears to be no lock- out which could be prohibited under section 45 of Industrial Relations Ordinance, 1969. Hence I find no merit is this application. Consequently I dismiss this application under section 45 of Industrial Relation Ordinance, 1969 without costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.