1. AWARD Shaffi Muhammad R. Akhund (Chairman).--In this application under section 34 of the Industrial Relations Ordinance, 1969, the applicants seek a declaration that the strike resorted to by the respondent-Union was illegal.. The case of the applicants is that the respondent-Union is the Collective Bargaining Agent of the employees of their Concern. The parties had arrived at a Settlement, and the same was signed on 28th April 1972. According to the terms of the Settlement, the respondent-Union was barred from raising any financial demands during the operative period of the said Agreement. However, on l&th August 1972, the respondent-Union raised fresh demands and in pursuance thereof, served a notice of strike on the applicants. The strike was, however, prohibited by the order of this Court dated 20th September 1972, as a result of an application under section 45 of Industrial Relations Ordinance, 1969 which was moved alongwith the present application. The applicants now seek the declaration that the strike, resorted to during the, operative period of the Settlement, was illegal. The summons of this application was sent to the respondent-Union, but they refused to accept the same. Consequently, when the matter came up for hearing on 20th September 1972 and none appeared for the respondent-Union it was ordered that the matter was to proceed ex parte. Subsequently, on 4th October 1972, the General Secretary of the respondent-Union appeared and made an application for setting aside the ex parte order.
2. The notice was issued to the applicants and the matter was fixed for hearing on 12th October, 1972.
3. On that date again, none appeared for the respondent-Union. Consequently, the application of the respondent-Union for setting aside the ex parte order was rejected. Qabil Hussain, the Manager of the applicant-Concern has sworn affidavit in support of their contentions, reiterating the averments made in the application. Since his affidavit stands unchallenged, and there is no evidence in rebuttal, I see no reason to doubt the averments made by the applicants. Therefore, the respondent-Union having raised fresh demands and resorted to a strike during the operative period of the Settlement dated 28th April 1972, the strike is clearly illegal under section 46 (d) of the Industrial Relations Ordinance, 1969. The prayer of the applicants is, therefore, granted.