1986 PLP 407 (PLC)

4. In the Labour Court the evidence was led by the appellant Muhammad Idris, Amin, Zahoor Ahmad, Qazi Ramizuddin, Raja Mohammad Khan and Muhammad Amin on behalf of the respondents. It was decided and agreed that the evidence recorded in other case of Muhammad Idris, would be read in other two cases also.

5. I have heard the learned counsel for the parties. The learned representative of the appellants has insisted on two points, firstly, that the conciliation proceedings were pending and therefore, the appellants could not be dismissed; secondly, he referred to section 47 of I.R.O., 1969 and the permission was not granted by the Labour Court for their dismissal. These are only two points raised in appeals by the learned representative of the appellant. As regards the facts of the case, the appellants representative did not argue.

6. I proceed to answer the points raised in appeal. There is a certificate that the conciliation proceedings have failed and this certificate is as under:‑ "A strike notice under section 26(3) of‑ the Industrial Relations Ordinance, 1969, was served by the General Secretary, Modern Textile Mills Workers Union, Tando Jam, upon the management of Messrs Modern Textile Mills Limited, Tando Jam, on 12th May, 1981, for settlement. A series of joint conciliation meetings were held from time to time, but the parties could not come to an agreement on the above dispute upto 1‑11‑1981. As, the management considers the demand of the union too high which, they cannot accede after paying additional Cost of Living Allowance of Rs.40 per month from 1st July, 1981, as required under the Employees Cost of Living (Relief) (Amendment,) Ordinance, 1981, they have refused to continue further negotiations. Hence failure of conciliation proceedings. Sd/‑Habib Ahmad Siddiqui. 5‑11‑1981 Assistant Director, Labour (Conciliation), Hyderabad. Therefore the above certificate indicates that there was a failure so far the conciliation proceedings were concerned. Section 47 of the I.R.O.1969, would not be, in the circumstance, invoked as the conciliation proceedings had failed.

7. On merits, the learned Labour Court considered the misbehaviour of the appellants in forming the unlawful assembly of the workers within the premises of the mills and without permission of the management and other nefarious activities conducted by the workers in this respect, were designated as acts of misbehaviour and misconduct. I fully agree with the learned Labour Court in this respect.

8. Under these circumstances, these three appeals fail and accordingly I dismiss these three appeals. A.E. Appeals dismissed.