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Citation: 1959 PLD 8
Court: Labour Appellate Tribunal
Year: 1971
Decision Date: 1971-07-03
Parties: MESSRS TRANS-OCEANIC STEAMSHIP COMPANY LTD., KARACHI vs TRANS- OCEANIC STEAMSHIP COMPANY WORKERS UNION
Case cited as PLD 1959 8
Court Name: Labour Appellate Tribunal Judge(s): Inamullah Khan Title:MESSRS TRANS-OCEANIC STEAMSHIP COMPANY LTD., KARACHI vs TRANS- OCEANIC STEAMSHIP COMPANY WORKERS UNION Case No.: Appeal No. KAR-5 of 1971 Date of Judgment:1971-07-03 Reported As: 1972 PLC 290 Result: accordingly disposed of Judgment DECISION This is an appeal against an award dated the 23rd of December 1970, whereby the learned Chairman of the First Sind Labour Court, Karachi, granted some of the 13 demands, preferred by the Trans-oceanic Steamship Company Workers' Union (hereinafter called the Union). The facts giving rise to the appeal briefly put are these. 2. The Union served a Notice of Strike on 14th September 1967. The conciliation proceedings having failed, Failure Certificate was issued on 16th October 1967. The Union made an application under section 5(5) of the Industrial Disputes Ordinance, 1959 (hereinafter called the Ordinance of 1959), before the First West Pakistan Industrial Court for adjudication of 13 demands. The Union brought to the notice of the Court that similar demands, which were the subject-matter of Industrial Dispute No. 16/66, and which are now being raised by the Union, but were withdrawn unauthorisedly on 27th July 1967 by the General Secretary of the Union. 3. The Company raised certain preliminary objections, namely ; (1) that the demands are not appended to the Failure Certificate and, therefore, the Court cannot adjudicate upon the demands, (2) that Demands Nos. 1, 2 and…
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