| Citation(s) |
|---|
| 2001 SLG 2223 2001 SLD 2223 2001 PLC 497 |
Labour Appellate Tribunal, Sindh
Application No.322 of 1998, decision dated: 13th April; 2001.
MUNAWAR ALI KHAN, CHAIRMAN
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Application No.322 of 1998, decision dated: 13th April; 2001.
MUNAWAR ALI KHAN, CHAIRMAN
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SINGER INDUSTRIES LABOUR UNION RECD. AND CBA
VS
SINGER PAKISTAN LIMITED through Director Personnel & Admn.
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969) Ss.40 & 50 Payment of Wages Act (IV of 1936), S.2(vi) Settlement, interpretation of Settlement in question was no longer in existence as the same stood superseded by a second settlement Interpretation of settlement or any clause thereof which was no longer in existence, would fall outside the jurisdiction of the Labour Appellate Tribunal. 1994 PLC 183 ref. (b) Payment of Wages Act (IV of 1936) S.2(vi) Industrial Relations Ordinance (XXIII of 1969), S.50 "Basic wages" and "minimum wages" Distinction Settlement, interpretation of Applicant union had asserted that minimum wages fixed by the Government under Notification dated 21 8 1997 was same as basic wages and that payment of bonus, gratuity and provident fund etc. should have been given treating the minimum wages as basic wages Minimum wages was not one and the same thing as basic wages, but was different one. and it could not be made basis of calculating or paying bonus, gratuity and provident fund etc. as claimed by applicant union. 1984 SCMR 1135 ref. Shafiq Qureshi for Applicant AND Mehmood A. Ghani for Respondents: Date of hearing: 3rd April, 2001 DECISION By its application, dated 3rd October, 1998, Singer Industries Labour Union, hereinafter referred to as the Applicant Labour Union sought interpretation of this Tribunal with regard to certain clauses of the settlement reached between the said Labour Union and the Respondent Company on 21 7 1997. Prior to coming into force of the said Settlement the parties exchanged their Charters of Demands with each other round about 1 1 1997 and after the necessary negotiations between them the Settlement referred to above (A/1) came into force. Soon after the said Settlement the Sindh Government by Extraordinary Gazette Notification, dated 21st August, 1997 fixed minimum wage of workers as Rs.2,050 per month which included all allowances excepting conditional payments. The Notification was made effective ' from 1 3 1997. The Applicant Union interpreted the minimum wage fixed by the Government in the above Notification as 'Basic Wage' .requesting the Respondent Company by its letter, dated 13th August, 1998 to…
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