Law:

Section:

Industrial Relations Act (IV of 2008)--- ----Ss. 2(xxv), 25(13)(a), 56(1)(d) & 69---Constitution of Pakistan, Art.199---Constitutional petition---Settlement of industrial dispute---Factual controversy---Fathers of petitioners were recruited by dockyard as dock workers, who retired from service without getting their sons (petitioners) employed on dockyard in their place---Grievance of petitioners was that under the settlement as no sons were got employed at dock, therefore, authorities had to pay agreed amount to their fathers, in lieu thereof---Validity---Settlement was agreement between all workmen (who were represented by CBA in terms of S.25(13)(a) of Industrial Relations Act, 2008) on one hand and employer on the other hand---Statute had given protection to the settlement, so that though it was a private agreement but its enforcement had been provided through elaborate mechanism laid down in law---In private agreements between parties, under civil law remedy was normally suit for damages or specific performance in certain cases but case of settlement, which was also an agreement between the parties, Legislature had first made it binding not only on employer but also on heirs, successors, assignees of employer and workmen, not only present but also future workmen---Law also provided for penal consequences if a settlement was violated by any of the parties and mechanism had been provided under S.69 of Industrial Relations Act, 2008, for interpretation of a settlement if difficulty or doubt would arise---Subsequent settlement in year, 2000 in the present case, was modified settlement of year, 1987---Though in the demand it was stated _that option was available with dockworker but while agreeing it was decided that in lieu of right of getting a son employed worker would be paid amount which initially was Rs.60, 000/- and had been increased in subsequent settlements---With subsequent settlements a retired dockworker had any other right to get his son registered as a dockworker---Petitioners claimed that they had not been made payments which was to have been paid to them in lieu of a son employed but employer disputed the position---Such was a question of…

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