Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- S.O. 10-C read with Industrial Relations Ordinance (XXIII of 1969), S. 2(xxiv)-Bonus-Settlement containing clause regarding pay­ment of bonus irrespective of profit-Such clause in settlement, held, not violative of S. O. 10-C of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 hence enforceable. (b) West Pakistan Industrial add Commercial Employment (Standing Orders) Ordinance (VI of 1968)- S.O. 11 read with Industrial Relations Ordinance (XXIII of 1969), S. 2(xxiv)-Closing of factory and stopping any section of establishment-Settlement clause binding employer not to close factory partially or totally in any circumstances-Violative of provisions of S. O. 11 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 hence void and not enforceable. S. H. R. Anwar for Petitioner. Akhtar Hussain with Kh. Iftikharul Haq for Respondent. JUDGMENT This is a petition under section 50 of Industrial Relations Ordinance, 1969 for interpretation of clauses 1 and 18 of a settlement dated 20-11-1974 arrived at between the parties. 2. Clause I of the settlement reads as follows :- "The Management has agreed to pay bonus to the employees equal to the amount of 12 ½%of the salaries immediately after one month of the signing of this settlement. An additional amount of 3% of the workers shall be paid as bonus only when the Factory functions in normal condition." Clause 18 of the settlement reads as follows:- "The Management further assures that the factory shall not be closed either totally or partially for an indefinite period. It has also been ensured that no worker of the mill shall either be retrenched or laid off during the operation of this settlement." 3. From the perusal of clause 1 of the settlement I find that there is no ambiguity or difficulty which arises as to the interpretation of the said clause. The learned counsel. for the petitioner, however, contended that under section 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, every employer making profit in a…

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