1. AWARD Shaffi Muhammad R. Akhund (Chairman).--In this application under section 34 of the Industrial Relations Ordinance, 1969, the applicants seek declaration that the strike resorted to by the respondent-Union was illegal. The applicant-Company is engaged in manufacture, production and sales of Chemicals and life saving drugs essential to the maintenance of Public health, while the respondent-Union is the Collective Bargaining Agent of its employees. The case of the applicant is that a Memorandum of Settlement, dated 11th October 1971 was duly signed by the parties as the result of charter of demands submitted by the respondent-Union in May 1971. That Settlement, which has been produced as Annexure 'A', was operative for a period of one year and was currently in force and binding upon the parties. Under the terms thereof, the respondent-Union undertakes not to raise any fresh or additional demands, involving financial implications to the applicants, during the operative period of the Settlement. However, the respondent-Union served a fresh charter of demands on 27th July 1972, followed by notice of strike dated 7th August 1972, Annexures *B' and 'C* of the application. The conciliation proceedings having failed on 28th August 1972, all the workmen, except those of categories mentioned in para. 14 of the application, resorted to strike from 4-30 p. m., on 28th August 1972. It is contended by the applicants that the strike, having been commenced in open defiance of the terms of the said Settlement, and during the subsistence therefore, is illegal unde* section 46 (d) of the Industrial Relations Ordinance, 1969.
2. Alongwith this application, the applicants had also moved an application under section 45 of the Industrial Relations Ordinance, 1969, as the result of which the strike was prohibited by an order dated 2nd September 1972. The respondent-Union was served with the summons of the application, but they refused to accept the same. On the date of hearing, none appeared on behalf of the Union and no reply statement was filed by them. Consequently, the matter was ordered to proceed ex parte. Mr. A..-G. Shaikh, the Acting Personnel Manager of the respondent-Company, filed affidavit in support of the averments made in the application. The Settlement, Annexure 'A* dated 11th October 1971, shows that it was operative and binding on the parties for a period of one year, under clauses {b) and (c) of the said Settlement the respondent-Union had accepted the terms in full and final settlement of all its demands and had also undertaken not to raise during the operation of the Settlement any fresh/additional demand involving financial implications to the Company. Therefore, the Charter of Demands dated 27th July, 1972, and the Notice of strike dated 7th August 1972, as well as the strike resorted to in pursuance thereof, was clearly illegal under section 46(d) of the Industrial Relations Ordinance, 1969. Therefore, the application is allowed and the declarations sought by the applicants are granted.