Law:

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1976 P L C 938 [National Industrial Relations Commission] Present: Mamoon A. Kazi, Senior Member AYUB SHAH AND ANOTHER Versus TARBELA JOINT VENTURE, HAZARA Case No, 18 (138) of 1975, decided on 16th August 1975. (a) Pakistan Essential Services (Maintenance) Act (LIII of 1952)----- ----S. 6 and Pakistan Essential Services (Maintenance) Rules, 1962, r. 3-Transport facility-Workers of Tarbela Joint Venture enjoying transport facility for many years past as a concession-Discontinuance of such facility likely to result into serious hardship, for workers and disturb equilibrium within establishment-Case, held, fit one for Authority to issue Regulation requiring Company to continue to provide transport facility to its employees to and from their work places. (b) Pakistan Essential Services (Maintenance) Rules, 1962---- ----R. 3(2)(b)-Word "person"-Held, refers to employee only and not employer. Raja Abdul Rashid for Petitioner. S. M. Zaffar assisted by Naeem Bokhari for Respondent. ORDER Tarbela Joint Venture (the respondent) hereinafter referred to as "the Company" has been providing transport facilities to its workers since many years. On 10th April, 1970, the Company enforced Rules known as "Tarbela Joint Venture Service Rules" and rule 19 thereof reads as under:- "19. Transportation.-Employees residing in the Labour Camps shall be transported to their work site if the distance is in excess of two (2) miler from the Labour Camps. Transport will not be provided for those employees who continua voluntarily to reside outside the Labour Camps after sufficient accommodation is available." On 15th May, 1971, the Company issued a Circular No. 493, and according to paragraph No. 4 thereof, T.3.V. Bus Terminals were established at the following places for bringing the workers to and from the project area :- Left Bank. (a) Thapla Bridge (Bridge on road to Darband). (b) Darra Mashwani. (c) Kundi Amar Khan. (d) Nullah between Khalo and Ghazi. Right Bank. (e) Kotha. (f) Gandaf. (g) Maini. (h) Baisak. (i) Malikabad. (j) Bata and Gala Hamlets. The employees residing beyond the said bus terminals were requested either to move into the Labour Camps, or make their own transport…

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