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1976 PLC 891 (1)

MANAGING DIRECTOR, GHULAM HOSIERY No.1, LYALLPUR vs MUHAMMAD SHAM

Citation1976 PLC 891 (1)
CourtLabour Court
Case No.Application No.11 of 1975
Date1975-01-27
Judge(s)Saeed Ahmad
ResultN/A

1. ORDBR This is an application under section 34 and 46-A of the Industrial ,Relations Ordinance, 1969, filed by Muhammad Iqbal, Managing Director. Ghulam Hosiery No.1 Gurunanakpura, Lyallpur. The respondents are the General Secretary of the Labour Union and the Assistant Director, Labour Welfare. It is prayed in this application that the respondents had committed illegal at and so action may be taken against them.

2. It is alleged in the application that on 28th December 1974, the General Secretary of the Union alongwith four workers of Ghulam Hosiery No.1 and 9 workers of Ghulam Hosiery No. 2 commenced an illegal strike. The petitioner suspended the General Secretary on 29th December 1974. On the same day the General Secretary issued a notice of demand to the petitioner. On receipt of this demand notice, the Assistant Director, Labour Welfare took concilia--tion proceedings.

3. The grievance of the petitioner is that the Assistant Director, Labour Welfare, did not take any action in accordance with the provisions of section 46-A of the Ordinance. This section provides that an Officer of the Labour Department not below the rank of Assistant Director, Labour Welfare, may make inquiry in such a manner as he may deem fit into the illegal strike or illegal lockout m a factory and make a report to the Labour Court. On receipt of such a report Labour Court may order the strike to be called of or the Icck out to be lifted. In the present case the Assistant Director did rot make any report to the Court. It was the discretion of the said Officer to make any report to this Court or not. If no report was made, the law does not authorise any employer to file any petition under sec--tion 46-A or any other provisions of law to this Court.

4. The petition does not disclose any cause of action. Accordingly, it is hereby dismissed.

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