Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. O. 10(c)-Bonus-Worker has to claim bonus within 3 months of closing of year-Bonus not paid within 3 months and worker taking no steps for its recovery within prescribed time but claiming it more than a year after arising of cause of action-Labour Court, held, justified in holding claim as barred by time. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. O. 10(c)---Bonus-Not payable on allowances but payable on basic salary only - Custom, usage, or settlement being of course excepted. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A-Grievance notice - Staff Union filing case long after transfer of worker--Worker being no longer a member of Union, case, held, not maintainable. M. L. Shahani for Appellant. A. Hafiz for Respondent. Date of hearing: 12th November 1976. DECISION This is an appeal against the order of the Labour Court dismissing the application which was filed by the appellant under section 25-A, Industrial Relations Ordinance. 2. The appellant was in the permanent employment of the Pakistan Industrial Development Corporation which is the respondent in the present case. He was permanently transferred to the State Patrolium Refinery and Petro-chemical Corporation Ltd., on 8th March, 1974. The claim of the appellant was that he was entitled to the following benefits:- (i) Annual bonus for the year 1973-74 in terms of custom, usage, terms and conditions of service as well as settlements calculated @ 10 % gross salary as payable on 7-3-1974. (ii) Arrears of annual bonus in terms of custom, usage, terms and conditions of service as well as settlements calculated at the rate of 10 % of gross annual salary for the years 1968-69, 1969-70, 1970-71, 1971-72,1972-73 and @, one month's gross salary for the years 1963-64, 1964-65, 1965-66, 1966-67 and 1967-68. The above payments were made on the basis of basic salary instead of gross salary. (iii) That the applicant was made partial payment in July, 1975, in respect of bonus for the year 1973-74 ended in June, 1974. The payment was equal to 10…

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