| Case ID |
e1088904-83a9-4ee7-86cd-a9e63a93a733 |
| Body |
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| Case Number |
Application No. 1 of 1987 |
| Decision Date |
Dec 19, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal, Sindh, dismissed the application from Messrs Elite Publishers (Pvt.) Ltd. challenging the legality of the strike by the Employees Union. The Tribunal held that the strike was legal as the conciliation proceedings had failed on April 2, 1987, and the notice period had expired. Furthermore, the Tribunal recognized the right of the employees to strike under the provisions of the Industrial Relations Ordinance, emphasizing that the employer's failure to engage in meaningful negotiations justified the union's actions. The decision reinforced the importance of adhering to proper procedures during conciliation and affirmed the workers' rights to assert their demands through lawful strikes. |
| Summary |
This case revolves around the legal proceedings involving Messrs Elite Publishers (Pvt.) Ltd. and the Employees Union, concerning a strike that took place following a series of conciliation efforts under the Industrial Relations Ordinance, 1969. The Labour Appellate Tribunal, presided over by A. J. Bachani, evaluated whether the strike was lawful based on the context of conciliation failures. The Tribunal concluded that the strike initiated by the Employees Union was justified, as the employer had not shown willingness to negotiate in good faith. The ruling highlights critical aspects of labor law, including the rights of employees to strike and the obligations of employers to engage in productive dialogue during conciliation. By reinforcing the legal framework established by the Industrial Relations Ordinance, this decision serves as a reference point for future labor disputes and emphasizes the need for compliance with procedural requirements in industrial relations. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Employees Union,
Elite Publishers (Pvt.) Ltd.
|
| Judges |
A. J. Bachani
|
| Lawyers |
Mahmood A. Ghani,
Shafiq Qureshi
|
| Petitioners |
Messrs Elite Publishers (Pvt.) Ltd.
|
| Respondents |
Employees Union
|
| Citations |
1989 SLD 2173,
1989 PLC 398
|
| Other Citations |
Brooke Bond Pakistan Ltd. v. Conciliator P L D 1977, S.C. 237,
P L D 71 p. 127,
P L D 1982 Lah. 657,
1961 P L C 149,
1960 P L C 35,
1981 P L C 97,
1976 S C M R
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
30,
49(2),
34,
46
|