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Application No. 35 of 1970, decided on 15th June 1970.
----S. 34 read with Civil Procedure Code (V of 1908), O. XXXII, rr. 1 & 2‑Tempo rary injunction restraining strike during pendency of application under S. 34, Industrial Relations Ordinance‑Union of workers stating that there was no intention to commence strike immediately on expiry of notice period‑Management also stating that there would be no victimization‑or unfair practice and that efforts would be made to end the dispute amicably‑Prayer for temporary injunction against strike under O. XXXII, rr. 1 & 2, Civil Procedure Code, held, desirable to be accepted‑Temporary injunction against Workers' Union, in circumstances, issued.
Mahmood A. Ghani for Applicant.
A. Majeed for Respondent.
‑ The Management of Anklesaria Nursing Home, Garden Road, ‑ ‑Karachi, have moved this Court through ' an application under section 34 of the Industrial Relations Ordinance, 1969, wherein adjudication has been sought to the effect that during the operation of the Settlement dated 6‑5‑19713 (Copy Annexure C) the respondent‑Union named and styled as "Anklesaria Nursing Home Employees' Union", Karachi, cannot raise new demands involving financial implications, in pursuance of which the Union has served‑ a strike notice on the Management threaten ing to go on strike on and with effect from 19‑6‑1970 in case the demands contained in the Demand Notice dated 16‑5‑1970; are not accepted by then.
The Management of the applicant concern also moved the present application purporting to be under Order XXXII, rules 1 and 2 of the C. P. C. wherein they have prayed for the issuance of an ad interim Injunction restraining the respondent‑Union fro striking work during the pendency of the aforesaid application under section 34 of the I. R. O., 1969 and till the aforesaid dispute is adjudicated upon.
This application for Injunction was initially opposed by the respondent‑Union, but during arguments, Mr. A. Majeed Re presentative of the applicant‑Union made a categorical statement at the Bar that the applicant‑Union had no intention of resorting‑ to strike, immediately on the expiry of the Notice period, provided the Management are willing to keep their doors open for further negotiations. He further stated that the Union was not unmindful of the fact that there was a large number of patients, some suffering from serious disease, who are undergoing treatment in Anklesaria Nursing Home, which is function as a Hospital, as well. Mr. A. Majeed was, however, apprehen sive of the conduct of the Management and he thought that this gesture of goodwill on the part of workers might encourage the 'Management to adopt a more stubborn attitude towards the workers. Mr. Mahmood A. Ghani stated at the Bar on behalf of the applicant concern that the Management would never, resort to victimization or unfair labour practice arid that they on heir part would do all that is possible to see that the dispute comes to an end, amicably.
In this view of the matter, it has become easier hence desir able to accept the request of the Management and issue a temporary injunction, as prayed for, restraining the respon dent‑Union from striking work till the next date of hearing fixed in the main case.
Orders accordingly
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