1972 PLP 412 (PLC)

SHAFFI MUHAMMAD R. ARHUND (CHAIRMAN): This appli cation under section 45 of the Industrial Relations Ordinance, 1969, has been moved by the applicants for prohibiting the strike by the respondents, which, according to the applicants, is illegal. The case of the applicants is that the respondent‑Union is the Registered Trade Union and the Collective Bargaining Agent of their Factory. On let December 1969, the applicant and the respondent signed an Agreement which is in operation and binding on both the parties till 30th November 1971. Accord ing to which the respondent‑Union is barred from raising any demand till that period. According to the usual practice, the Annual Bonus for each year was distributed among the workers in the month of December every year. The bonus for the present year would be distributed with effect from 16th December 1971. However, keeping in view the coming Festival of Eid‑ul‑Fitter the applicants decided to pay the wages to all the workers on 18th November 1971, instead of 20th November 1971. But the respondent‑Union demanded that the bonus be also paid before Eid‑ul‑Fitter. The applicant was, however, not in a position to pay the bonus in addition to the wages on account of financial stringency. The respondent‑Union resorted to sudden and illegal strike with effect from 13th November 1971, without giving any notice either under section 26 or 28 of the I. R. O. 1969, and the strike still continues. According to the applicants, the strike is illegal within the contemplation of section 46 of the I. R. O., 1969, and they seek the prohibition thereof. The respondents admit the Agreement between the parties which is valid till 30th November 1971. According to them, however, the normal practice was that the bonus was distributed every year before Eid festival. This according to them, is their guaranteed right. This year, however, the applicants refused to pay the bonus before the Eid festival and thereby deprived the respondents of their guaranteed right. They further contend that the workmen had been actually thrown out physically from the work on 13th November 1971 by the applicants. The strike was, admittedly resorted to without serving the applicants with a Notice under section 26 or 28 and following the procedure laid down in the Industrial Relations Ordinance, 1969, in such cases. It is also admitted position that no date for the distribution of Bonus has been stipulated in the Agree ment between the parties. According to the applicants, the bonus for the past years had been paid before the Eid festival because Eid had fallen on dates later than this year. This respondents contend that the date for the distribution of the Bonus has been fixed in December in order to deprive them of chat benefit because the Agreements expiring on 30th November 1971. However, this point case agitated in case the Manage ment refuse to pay them the bonus on the date announced by them. The respondents also contend that they had been forcibly locked out by the Management. But no application has been moved by the respondents for prohibition of the illegal lock‑out. In any case, this point will be determined when the application under section 34, moved by the applicants, comes up for hear ing. For the present, I find that the applicants have made out a prima facie case for the prohibition of strike under section 45 of the Industrial Relations Ordinance, 1969. Consequently, the Prohibitory Order is issued and the workers are directed to resume the work forthwith.