Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 34-Industrial dispute-Petitioner-Union admittedly terminating previous settlement by notice to Management and Management agreeing to such revocation-Settlement subsequently executed however not doing away with terms regarding payment of commission on sales to salesmen, drivers etc. as, contained in previous settlement and no settlement containing contrary provision executed between parties ­Terms contained in previous settlement regarding payment of commission, in circumstances, held, binding on parties till fresh terms on such behalf negotiated and arrived at and agency system introduced by respondent would not adversely affect right of workmen to receive commission in pursuance of old settlement. (a) Industrial Relations Ordinance (XXIII of 1969)- --- S. 34-Petitioner-Union a validly formed and registered Union--­Union previously recognized as Collective Bargaining Agent and subse­quently certified as such-Respondent executing settlement with petitioner-Union in part as well-Fact of C. B. A. certificate having been issued after filing of present petition, held, of no avail to respondent in view of no objection to such state of affairs having been taken-- Petitioner-Union, held, legally competent to file petition. Naeem Sultan Butt for Petitioner. Azmat Ali, General Secretary for the Union. Shaukat Aziz, General Manager for Respondent. JUDGMENT 7-Up Employees' Union viz. the petitioner-Union has filed the under consideration petition under section 34 of the Industrial Relations Ordinance, 1969 seeking the implementation of the settlement dated 26-6-1972 and further praying that the respondent i.e. the Management of 7-Up Bottling Co. be restrained from violating the said settlement. 2. The petitioner-Union has contended that according to the aforesaid settlement the Management had undertaken to pay commission @ 8 paisas per crate to salesmen, 4 paisas per crate to drivers and 2 paisas per crate to loaders on the sale of beverages. This commission was to be paid in addition to the monthly wages being paid to the above-mentioned categories of workmen. According to the petitioner-Union, the Management now…

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