| Citation(s) |
|---|
| 2021 SLG 1037 2021 SLD 1037 2021 PLC 114 |
National Industrial Relations Commission
Appeal No. 12(206) of 2015-K, decided on 29th September, 2020.
MUKHTAR, MEMBER, SYED INAM UR REHMAN, MEMBER, MANTHAR ALI, JATOI, MEMBERS
Sanaullah Noor Ghouri for
Respondent.
Appeal No. 12(206) of 2015-K, decided on 29th September, 2020.
MUKHTAR, MEMBER, SYED INAM UR REHMAN, MEMBER, MANTHAR ALI, JATOI, MEMBERS
Sanaullah Noor Ghouri for
Respondent.
MUHAMMAD AFZAL RANA
VS
PAKISTAN STEEL MILLS
Law: Industrial Relations Ordinance, 2002
Section: 62
Industrial Relations Ordinance (XCI of 2002) [since repealed]--- ----S.62---Recovery of money due from an employer under an award or settlement---Scope---Appellant assailed the dismissal of his petition under S.62 of Industrial Relations Ordinance, 2002---Contention of appellant was that pursuant to a passed by the Court, similarly placed employees were granted increment but he was not given the benefit of the ---Labour Court held that before any Court or Tribunal acted under S.62 of Industrial Relations Ordinance, 2002, it was imperative that there should be no dispute as to the entitlement of the amount; that the amount in respect of which the proceedings could be initiated must be pre-determined amount and that if there was a dispute in respect of the entitlement of such amount or the amount was not pre-determined then it could not be recovered under S.62 of Industrial Relations Ordinance, 2002---Held; reasons given by the Presiding Officer of Labour Court were clear and no illegality was pointed out by the appellant---Appeal was dismissed. ORDER SYED INAM UR REHMAN, MEMBER.---- The above named Appellant has challenged the order dated 18-8-2009 passed by learned Presiding Officer Sindh Labour Court-IV Karachi whereby petition filed by the Appellant was dismissed. 2. We have heard the Appellant in person, learned Counsel for the Respondent and perused the record. 3. The Appellant has stated in open Court that original purpose for the filing of petition was with regards to his promotion which has not been solved by the department. Learned Counsel for the Respondent in rebuttal stated that present appeal is not relating to the promotion but was filed by the Appellant for recovery of some arrears. We have perused the record, which shows that originally the Appellant has filed petition under Section 62 of the I.R.O, 2002 allegedly that he was employed on permanent job as Press Sheer Operator in P.G-IV. In his case that he was given merit and time scale promotion from time to time according to pay scales, grades as were revised by the Respondent from time to time due settlement with CBA. Case of the Appellant is that change of all grades and scale created…
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