1976 PLP (1) (PLC(CS))
MANAGING DIRECTOR, GHULAM HOSIERY No.1, LYALLPUR Versus MUHAMMAD SHAM AND ANOTHER
| Citation | 1976 PLP (1) (PLC(CS)) |
| Forum / Court | IIIrd Labour Court Punjab |
| Bench Members | Saeed Ahmad, Presiding Officer |
| Parties | MANAGING DIRECTOR, GHULAM HOSIERY No.1, LYALLPUR Versus MUHAMMAD SHAM AND ANOTHER |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1976 PLP (1) (PLC(CS))?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP (1) (PLC(CS))?
The case was heard and decided by the IIIrd Labour Court Punjab bench comprising: Saeed Ahmad, Presiding Officer.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP (1) (PLC(CS)) (MANAGING DIRECTOR, GHULAM HOSIERY No.1, LYALLPUR Versus MUHAMMAD SHAM AND ANOTHER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. M Khan for Petitioner.
Headnotes / Summary
S.46-A-Enquiry and report to Labour Court by Officer of Labour Department Discretion of Officer-Non-submission of a report to Labour Court-Does not authorise employer to file application against such officer before Labour Court.
Judgment & Decree
Application No.11 of 1975, decided on 28th January 1975.
S.46-A-Enquiry and report to Labour Court by Officer of Labour Department Discretion of Officer-Non-submission of a report to Labour Court-Does not authorise employer to file application against such officer before Labour Court. A. M Khan for Petitioner. 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 act and so action may be taken against them. 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. 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 off 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. The petition does not disclose any cause of action. Accordingly, it is hereby dismissed.