DECISION This is an appeal against an order of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated February I6, 1973, whereby the learned Labour Court declared the strike by the workers to be illegal and ordered them to resume work within 3 days. A preliminary objection has been taken that no appeal lies, as the impugned order is not an award, but merely a decision. Mr. Obaid-urrehman, the learned Advocate for the appellant, contended that the impugned order is not passed under section 45 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), but under section 46 of the Ordinance. The application, in fact, was made under sections 44,45 and 46 of the Ordinance. Sections 44 and 46 of the Ordinance do not provide for any remedy before the Labour Court. Section 44 of the Ordinance prohibits notice of strike or lock-out during the pendency of any conciliation proceeding or proceedings before an Arbitrator or Labour Court. Similarly, section 46 of the Ordinance merely enumerates the circumstances when a strike or lock-out shall be illegal. These sections 44 and 46 clearly do not provide for any remedy before the Labour Court. It is only section 45 of the Ordinance which confers power on the Labour Court and the Tribunal to prohibit strike under certain circumstances. An order passed under A section 45 of the Ordinance prohibiting the strike is merely interlocutory order. It cannot be said to be an award, that is, determination of any industrial dispute.
2. Mr. Obaid-urrehman next contended that the ingredients of section 45 of the Ordinance were not fulfilled. As I am of the view that no appeal lies against the impugaed order, the question of examining the ingredients of section 45 of the Ordinance does not arise.
3. The appeal is dismissed as not maintainable.