Law:

Section:

Employees' Cost of Living (Relief) Act (I of 1978)-------Ss. 3 '& 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Increase iri wages granted through settlement---Adjustability against cost of living granted under Employees' Cost of Living (Relief) Act, 1974---Appellate Tribunal found that increase in wages granted through settlement was adjustable under relevant provisions of S.3(6)(7), of Employees' Cost of Living (Relief) Act 1974---Petitioners had called in question said order of Appellate Tribunal---Held, Increase was neither occasioned by incidence of promotion nor by normal increment and related to basic wages and not an "allowance", amount payable was to be adjustable--Financial benefits, in circumstances, conferred by settlement in. question whereby relief was granted due to rise in cost of living, were adjustable against additional cost of living allowance granted by S.3(6)(7) of Employees' Cost of Living (Relief) Act, 1974. R.B. Industries Limited v. Employees Welfare Union PLD 1983 SC 15 fol. 1976 PLC 43 ref. Ghulam Rasool Chandio for Petitioners. Choudhry Rasheed Ahmed for Respondent No.2. Date of hearing: 1st February, 2006. JUDGMENT SABIHUDDIN AHMED, C.J.--- Petitioner No.1 was the Collective Bargaining Agent for Workmen and the remaining petitioners are workmen in Thatta Cement Company Limited, have called in question an order of the Sindh Labour Appellate Tribunal dated 25-5-1993, interpreting the terms of a Settlement dated 2-12-1984 between the petitioner No.1 and the respondent No.2. The controversy between the parties is confined to the question whether the increase in the wages of permanent employees in terms of the settlement is liable to be set off against the statutory increase in wages through section 3(6) of the Employees Cost of Living Relief Amendment Act, 1985, and the 18% increase in terms of section 3(7) of the Employees Cost of Living Relief Amendment Act, 1986, which were enacted during the operation of the settlement in question. 2. To explain the controversy it may be stated that Legislatures enacted the Employees Cost of living (Relief) Act in 1973 to provide for an allowance to employees on…

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