| Citation(s) |
|---|
| 1973 SLG 119 1973 SLD 119 1973 SCMR 361 |
Supreme Court of Pakistan
Civil Appeal No. 54 of 1960, decision dated: 8th June 1961.(On appeal from the Award of the Industrial Tribunal, dated 9th August 1958 as gazetted by the Government of Pakistan under Notification No. L R 25 (29)/58-1, dated the 5th September 1958)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Mushtaq Hussain, Advocate Supreme Court instructed by Zahir Abbas, Attorney for Appellant.
Respondents . Ex parte (By C. J.s order)
Civil Appeal No. 54 of 1960, decision dated: 8th June 1961.(On appeal from the Award of the Industrial Tribunal, dated 9th August 1958 as gazetted by the Government of Pakistan under Notification No. L R 25 (29)/58-1, dated the 5th September 1958)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Mushtaq Hussain, Advocate Supreme Court instructed by Zahir Abbas, Attorney for Appellant.
Respondents . Ex parte (By C. J.s order)
MESSRS GHAFFUR TEXTILE MILLS LTD., KARACHI
VS
Law:
Section:
(a) Industrial Disputes Act (XIV of 1947), S. 10-Industrial dispute-Bonus, payment of-Tribunal not making adequate provision in respect of liabilities of firm and not attempting to ascertain such liabilities-Bonus granted to workers being not based on any proper calculations, held, cannot be sustained. (b) Industrial Disputes Act (XIV of 1947), S. 10-Industrial dispute-House rent allowance, payment of-Mills located in rural area and workers coming to work from a long distance-Tribunal, in such cases, should not ignore claim for house rent allowance-Workers, however, if living within a distance of one mile from mill-Allowance not admissible. If the Mill is located in a rural area and the workers have to come to work from a long distance, then in such circumstances the Tribunal will not ignore a claim for house rent allowance. The Management led evidence to show that the workers lived within a distance of one mile from the Mill. The Union, however, adduced no evidence in rebuttal. Nor did they lead any evidence to show that the accommodation was scarce or expensive. Hence on merits the Award regarding house rent allowance cannot be upheld. JUDGMENT FAZLE-AKBAR, J.-This is an appeal by special leave of this Court against three of the nine findings recorded by the Industrial Tribunal consisting of Mr. S. Mahmood Raza who dealt with an industrial dispute between Messrs Ghaffur Textile Mills Ltd. (hereinafter referred to as the Management) and The Ghaffur Textile Mill Workers' Union (hereinafter referred to as the Union). The said three findings relate respectively to payment of bonus, house rent allowance and re-instatement of 64 workers who had been discharged from service by the Management. Issue No. 1 This issue is stated in the reference as follows:---- "Whether the workers be paid any bonus; if so, to what extent? This issue relates to the bonus for the year 1956-57. It appears from the record that there was a strike in 1955 and in the settlement arrived at before the Labour Commissioner in the month of June 1955 it was decided that the Management should pay bonus for the previous 12 months. The Management thereafter paid bonus for the year 1954-55, 1955-56…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492