1976 PLP 416 (PLC)

S. 34 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 18(b) Application by individual workman-Enforcement of right guaranteed or secured under West Pakistan Industrial and Commercial Employ ment (Standing Orders) Ordinance, 1969-Remedy and procedure laid down in S. O. 18 must be followed-Application under S. 34, Industrial Relations Ordinance, 1969, held, not maintainable. Wasi Ahmed for Appellant. Mahmood A. Ghanl for Respondent. This is an application brought by Sohrab under section 34 of Industrial Relations Ordinance 1969 for payment of legal dues, participation fund, etc. The facts of the cage are very simple. Briefly stated they are that the applicant was appointed as Four Sider in Ring Department in 1956 and he was ousted from service on 16-10-1969 and he was deprived of benefits of legal dues. He approached the Labour Directorate and other authorities but to no effect. Ultimately he filed present application before this Court. It is admitted by the applicant in his main application under section 34 of I. R. O., 1969 that he was ousted from service on 16-10-1969. It is admitted by the applicant that cause of action had accrued to the applicant before the amendment of I. R. O., 4969 in November 1972. Present application under section 34 of I. R. O., 1969 has been filed before this Court by an individual workman on 27-6-1973. The Industrial Relations Ordinance was promul gated on 13-I 1-1969. On the date viz, 27-6-1973 when instant application was filed there was no provision under section 34 of I. R. O., 1969 for an individual workman to file an application under section 34 of I. R. O., 1969. Only Collective Bargaining Agent or the Employer could invoke the jurisdic tion of a Labour Court under section 34 after the amendment in I. R. O., 1969 on 7th Novemher 1972. Provisions of section 34 of I. R. O., 1969 were amended on 17-10-1970 and conferred the right on an individual workman to invoke the jurisdiction of the Court in case of right guaranteed in law which was infringed. By Virtue of S. O. 18 of West Pakistan Standing Orders Ordi nance, 1968, a forum and procedure was laid down for enforcement of right guaranteed or secured. The instant matter would be governed by S. O. 18 (b). It has been held by Mr. Justice Inamullah Khan in Fisherman's Cooperative Society & Company Employees Union v. Fisherman's Cooperative Society Limited Appeal No. KAR-1/70 that where an individual workman has a grievance in respect of any matter under Standing Orders Ordinance, he must follow remedy prescribed under S. O. 18 and not 34 of the Ordinance. Accordingly present application is not maintainable in law. Apart from this applicant resigned in 1969 and he admits in his cross-examination to have received full and final settlement of all his claims. Consequently he is no, more an aggrieved person. For these brief reasons, therefore, I dismiss the application.