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Petition under S. 34, I. R. O., 1969, decided on 25th June 1976.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-

---- S. Os. 3 & 6 read with Industrial Relations Ordinance (XX111 of 1969), S. 34-Fixation of working timings and grouping of shifts-- Right of employer-Employer seeking enforcement of such right-- Contention that since employer could take action for misconduct against workmen for contravention in this respect such right does not need to b: enforced by application under S. 34 of Industrial Relations Ordinance, 1969-Allegation that office-bearers of Union incited workers not to adhere to timing fixed by employer m-Contention of Union, in circumstances rejected and application of employer entertained.

Saud Ullah Mumtaz for Petitioner.

Raja Abdur Rashid for Respondent.

Petitioner mills has filed this petition under section 34 alleging therein that employer has a vested right under Standing Orders 3 and 6 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, to fix the period and hours of workers or shift, or group working for all classes of workmen. That for the last 6 years timing and grouping are enforced. Mills are working in two grouping, shifts, Group-A works from 5 a. m. to 2 p. m. and Group B works from 8 a. m. to 5 p. m. There is one hour break in both the groups. Office-bearers of the Union had incited workers not to adhere to the timing fixed by the mills by using .1midation, coercion pressure and threat w. e. f. 25-5-76. Petitioner-Union has also prayed for ad interim injunction which was granted to it on 31-5-1976, till 23-6-76. On 23-6-76, parties gave an indication that they might come me to a compromise so petition was adjourned to 25-6-76. Parties have not come to a compromise.

Learned counsel for the respondent has agreed to the proposition that to fix timing and groupings is the right of the d -plover, but there is no need to get this right enforced, through petition under section 34. An action JA can be taken against a workman who commits misconduct in this respect.

I do not fully agree with the proposition put forth by the learned counsel for the respondent. This would result in Industrial unrest. Employer would start holding enquiries which create unrest and employer would have a free hand to dismiss any employee under the garb of alleged mis conduct of intimidation and coercion of workers.

So order dated 31-5-56, is hereby confirmed and petition is adjourned to 22-7-1976, for petitioner's evidence.

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