Case Details

Citation(s)
1976 SLG 603 1976 SLD 603 1976 PLC 18
Labour Appellate Tribunal, Punjab
Application No. LYP-46 of 1975, decided on 10th December 1975.
.NI., JAMIL ASGHAR, APPELLATE TRIBUNAL

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LYALLPUR COTTON MILLS

VS

WORKERS & STAFF UNION

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- Ss. 2(ii), 22-A & 50-Award given by National Industrial Relations Commission-Not an award as defined in S. 2(ii) -Not open to interpretation by Appellate Tribunal under S. 50. Javed Altaf for Petitioner. Shafiq Ahmad Butt for Respondent. Date of hearing: 18th November 1975. JUDGMENT This is a petition under section 50 of Industrial Relations Ordinance, 1969 for the interpretation of paragraphs 17 and 18 of the award dated 21-2-1975 of National Industrial Relations Commission. 2. The facts giving rise to the petition are that after the above award was given by the National Industrial Relations Commission; an application was presented before the learned Chairman of National Industrial Relations Commission for the clarification of paragraph 17 of the award. The learned Chairman while clarifying the said paragraph, reviewed his previous order by amending the award vide order dated 22-2-1975. Thereafter the Lyallpur Cotton Mills, Lyallpur went up in appeal before the Full Bench of the National Industrial Relations Commission alleging that the Chairman had no jurisdiction to review his previous order and amend the award. The Full Bench of the Commission vide their order dated 25-3-1975 held that the second order passed by the Chairman of the Com­mission was without jurisdiction and as such it was set aside. With the above modification the appeal was dismissed. The Management also went up in writ petition against the award which is still pending in the High Court. On 4-4-1975 the Management offered 3 months' wages as bonus to each worker on pro rata basis meaning thereby that each worker was offered a bonus proportionate to the actual period of his employment in a year calculated on the basis of wages earned by him as on 30-9-1974. This offer, however was turned down by the workers Stag Union of the mills on the ground that the award contemplated a sum equal to 3 times multiple of wages of the workers as they stood on 30-9-1974. The above interpretation of the workers was rejected by the Management. Thereafter the workers Staff Union took the matter before Punjab Labour Court No. 3 which passed an interim order on…
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