Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 2(xiii) & 32 (1-A) read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 10-C-Bonus--Right guaranteed under law-Such right cannot be made subject-matter of industrial dispute. Employees' Union v. Jhonson & Jhonson (Pakistan) Ltd., Karachi 1975 P L C 205 rel. Rafique Ahmed for Applicant. Ghulam Hussain for Respondent. AWARD By present application, Sandoz (Pakistan) Employees' Union, Jamshoro I.e. the Collective Bargaining Agent, is seeking adjudication of the industrial dispute, in respect of following demands; "Demand No. 1-Increments for the year 1974 be revised to eliminate injustice and discrimination in consultation with the Collective Bargaining Agent Union. Demand No. 2.-(a) Scales will be revised as follows with effect from January 1975. Selections 600-60/4-840-80/4-1,160 A 456--50/4-650-63/4-890 B 400-45/4-580-55/4-800 C 350-40/4-510/4 -710 D 300-35/4-440-45/3-575 (b) Vacancies in higher grades shall be filled by promotions from within the Department/Factory and direct recruitment shall be made in the lowest grades only. Promotions will be made on the basis of seniority/qualifications and experience. Local residents will be preferred in future recruitment. (c) Proper classification and designation shall be introduced for all employees with their job description in writing in consultation with the Union (C. B. A ) Demand No. 3 -Bonus equivalent to 2 months salary for the production of 1975 be given to each workman. Demand No. 4.-Canteen should be run by the Management. 0.35 paisas per meal be charged from each worker." The admitted facts are that the applicant raised the "industrial dispute" in the prescribed manner for the above demands. That after strike notice was given, Assistant Director Labour (Conciliation) Hyderabad called joint meetings of the parties. That the last conciliation meeting dated 25-2-75 ended into failure therefore prevent application was filed on 6-3-75. Respondent has challenged maintainability of the application on the following grounds :­ (i) That demand No. 1, apart from being vague interfered with the right of…

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