Law:

Section:

Industrial dispute- ---Promotions and increments -Establishment rules providing grant of increments and promotion on basis of merit and general suitability on decision of Management and not as a matter of right of workers­ Union demanding grant of increments and promotions after consulting it-Matter, held, of exclusive prerogative of Management and Union cannot be allowed to interfere Such demands further, held, do not constitute an "industrial dispute"-Industrial Relations Ordinance (XXIII of 1969), S. 2(xiii). (b) Industrial dispute­ ---Increase in pay scales--Demand for-Criteria for adjudication- Wages paid in other concern in same industry only-Not sufficient- Wages are determinable upon region-cum-industry basis-Conditions at Karachi not similar as at Hyderabad-Wages at Karachi no criteria for workers of same industry at Hyderabad. 1962 P L C 888 and 1965 P L C 326 rel. Rajiq Ahmed for Applicant. Ghulam Hassan for Respondent. AWARD This is a petition, whereby applicant-Union i.e., Collective Bargaining Agent in Sandoz (Pakistan) Limited, Jamshoro is seeking adjudication of the industrial dispute. The facts are that applicant-Union served a charter-dated 28-1-1975 upon the respondent, containing four demands. By letter-dated 5-2-75, respondent informed the applicant that they would like to have full charter of demands instead of piece meal demands. After the failure of bilateral negotiations applicant-Union served a strike notice dated 7-2-75 upon the respondent. Assistant Director, Labour Hyderbad stated conciliation pro­ceedings between the parties. Since parties did not come to any settlement, the conciliation efforts ended into failure on 25-2-75. Present application was filed on 6-3-75. On 10-3-75 applicant-Union served a new charter containing as many as 25-demands (not the subject matter of present dispute). On 27-3-75 respondent filed Application No. 8/75 under section 34 read with 44, I. R. O. 1969 challenging this charter. According to respondent, applicant was not competent to raise further demands, during the pendency of present adjudication. This application was however dismissed on 19-4-75 and matter is now pending before High Court in writ…

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