Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ------Ss. 2(xiii) & 32 (I-A)-"Industrial dispute"-Demand concerning terms of employment-Can be made subject-matter of industrial dispute-Amenity once given to workers-Cannot be withdrawn except by mutual agreement-Workers (Vanmen of Messrs Brooke Bond) enjoying as established practice concession of iron strappings found useless by Company and earning Rs. 40 to 60 p.m. from its sale with due permission of Company-Company discontinuing using iron strapping on packets and vanmen being deprived of such earnings, demanding compensation in lieu thereof-Demand, in circumstances, held, constituted an industrial dispute and rightly granted by Labour . v,, Court. A. A. Sharif for Appellant. Naim Sultan Butt for the Respondent. Date of hearing : 11th November 1975. JUDGMENT This is an appeal against the award dated 5-7-1975 of Punjab Labour Court No. 1, Lahore. 2. An industrial dispute in the prescribed manner was raised by the Brooke Bond Employees' Union (Punjab), Lahore, respondent. In that dispute the following demands were raised:­ Demand No. 1.-Service Rules be framed. Demand No. 2.-The Vanmen be compensated for the loss of income which they were getting from the sale of Iron Strappings now with­ drawn by the Company. 3. Demand No. 1.-This demand was conceded by the appellant by stating that the service rules in the process of bring framed and printed by the end of February 1975-In view of the above no award was called for on this demand. 4. Demand No. 2.-The appellant resisted this demand and pleaded inter alia that the said demand raised by the respondent did not legally constitute an industrial dispute and therefore the petition was not legally competent. On merits the appellant submitted that the said demand was legally not maintainable as it did not constitute an industrial dispute and, therefore, there was no justification for this demand. The learned Labour Court overruled the preliminary objection and accepted this demand by directing that every vanman be paid compensation @ Rs. 40 p.m. with effect from 1-9-1974 on account of having been deprived of the regular source of income from the iron strappings,…

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