ORDBR This is an appeal against an Award of the learned Presiding Officer of Labour Court No. 2, Karachi dated 4th of June 1973 whereby the learned Court dismissed the application of the respondent filed under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the 'Ordinance'), mainly on the ground that the application was very belated one.
2. The case of the appellant-Union was that the workers have been illegal locked-out therefore the Court may be pleased to prohibit the lock-out. It would appear from the record of the case that the lock-out had taken place in 1964. An application was made to the Labour Court in 1964 to prohibit the lock-out.
The order was passed in favour of the Union. The Management allowed 75 workmen to resume work but refused to allow 39 of the workmen to resume their work. There is no explanation, whatsoever, as to why the Union slept over their grievances up,to 11th of November 1970 when an application under section 34 giving rise to the impugned order was filed. In the first place after such a lapse of time there cannot be said to be any nexus of master and servant between the parties so as to attract the provision of section 34 of the Ordinance. In the second place an application, under section 34 of the Ordinance has also to be filed within a reasonable time. I do not think that a period of over six years without any explanation would be said to be a reasonable time. The appeal is dismissed and the Award of the learned Labour Court is maintained. 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.