1997 PLP 741 (PLC(CS))

‑‑‑‑Ss. 26 & 43‑‑‑Industrial dispute‑‑‑Existence‑‑‑Law did not recognise the existence of an industrial dispute unless it was raised in the manner prescribed in S. 43 of Industrial Relations Ordinance, 1969‑‑‑In case of any defect in the proceedings and if any direction had not been strictly followed, the entire proceeding would be vitiated. (c) Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 1(37), 2(xiv) & 43‑‑‑Industrial dispute‑‑‑Existence‑‑‑Academic dispute‑‑‑ Maintainability‑‑‑In the absence of there being a business establishment,' industrial or commercial, involving adjudication under the labour laws, dispute would assume the form of the academic dispute not maintainable before the Labour Court or the Tribunal. Farid Gul Khan for Appellant. Faruq A. Ghani for Respondents. Date of hearing: 17th November, 1996. This appeal arises from an award given by the Labour Court No. V, in respect of an industrial dispute raised under section 26 of the I.R.O. by Federation of Pakistan Chambers of Commerce and Industry Progressive Workers Union, C.B.A. against the Federation of Pakistan Chambers of Commerce and Industry in respect of 17 demands raised in the Charter of Demands by the C.B.A. The learned Labour Court dismissed the petition moved by the C.B.A. for adjudication and award of the so‑called industrial dispute after recording evidence but on consideration of the point of law that the Federation was not an industrial or commercial establishment so as to attract application of the I.R.O., 1969 and that the Demand Notice having been served on 27th November, 1989 and the Strike Notice could only have been issued after 10 days of the service of Demand Notice but had been issued after only 7 days much before expiry of 10 days from Demand Notice. That as such the raising of Industrial Dispute was not in accordance with .law. The learned Labour Court, therefore, without going into merits of the demands held that it would be improper to give findings with regard to the demands in light of the application not being maintainable under the I.R.O. and raising of Industrial Dispute not being in conformity with the law.

2. The facts in brief are that the applicant/appellant Union C.B.A. raised an Industrial Dispute with the Federation of Pakistan Chambers of Commence by serving on them a Notice with Charter of Demands consisting of 17 demands under section 26(1) of I.R.O., 1969. The Industrial Relations Ordinance, 1969 is applicable to adjudication and determination of Industrial and Commercial Disputes, that is, any dispute or difference between employers and workmen or between workmen and workmen. An "industry" is defined under section 2(xiv) as any business, trade, manufacture calling service, implement or occupation and a Commercial Establishment as explained by the Standing Orders Ordinance is an establishment. employing 20 or more workmen including Commercial Agencies, Commission or Forwarding Agents Companies for Insurance Banking, Stock Exchange etc; therefore, the non‑profiting organisation such as Chambers of Commerce is neither Industry nor commercial establishment, and does not fall within the ambit of I.R.O. or Standing Orders.

3. Moreover, law does not recognize the existence of an Industrial Dispute unless it is raised in the prescribed manner under section 43 of the E I.R.O. If there is any defect in the proceedings and any directions have not been strictly followed the entire proceedings are vitiated. In this case not only was the Notice of Strike premature. Being before expiry of 10 days from service of demands and, therefore, illegal but there is nothing to show that the other necessary steps as prescribed have been taken namely, conciliation proceedings and if conciliation fails the arbitration proceedings and the intervention of the Government Here the party has directly gone to the Labour Court for adjudication of the dispute and the Labour Court without going into the merits of the demands have found the Industrial Dispute to be illegal and invalid being not maintainable for the above reasons. The Labour Court made the award dismissing the petition as not maintainable on 31st March, 1994, more than two years ago. This appeal has then been filed and the learned Advocates for the parties have been requesting for adjournments from time to time with the result that no further progress in the case could be made until this day. This shows the degree of urgency and seriousness of the dispute. In the absence of there being a business establishment, Industrial or Commercial, involving adjudication under the labour laws, the dispute assumes the form of an academic dispute not maintainable before the Labour Court or the Tribunal. It is not understood how the C.B.A. was registered by the Registrar of Trade Unions under such circumstances; but that is not the point at issue at present.

4. The award of the Labour Court is accordingly maintained and the appeal is dismissed. H.B.T./183/Lb.S Appeal dismissed.