| Citation(s) |
|---|
| 1977 SLG 1633 1977 SLD 1633 1977 PLC 318 |
Labour Appellate Tribunal, Punjab
Appeal No. 192 of 1974, decided on 19th June 1975.
MUHAMMAD MIAN QURESHI, PRESIDING OFFICER
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Appeal No. 192 of 1974, decided on 19th June 1975.
MUHAMMAD MIAN QURESHI, PRESIDING OFFICER
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B. C. G. A. (PUNJAB) LTD. FARM, KHANEWAL
VS
SULTAN MUHAMMAD ETC.
Law:
Section:
(a) Employees' Cost of Living (Relief) Act (I of 1973)-- -- S. 2(d) read with West Pakistan Shops and Establishments Ordinance (VIII of 1969), S. 5 - Undertaking -- Agricultural Farm - Growing varieties of foodgrain and supplying in Market for profitable business An undertaking for purposes of Employees' Cost of Living (Relief) Act, 1973-Employees of Farm entitled to benefits of cost of living allowance. (b) Industrial Relations Ordinance (XXIII of 1969)--- --- S. 25-A read with Employees' Cost of Living (Relief) Act (I of 1974), S. 6-Remedy to seek cost of living--Jurisdiction of Labour Court-Not ousted-Claim of workmen for cost of living allowance payable under Employees' Cost of Living (Relief) Act, 1973-Right guaranteed and secured under law-Forms terms and conditions of service enforceable under S. 25-A of Industrial Relations Ordinance, 1969Petition of workmen seeking remedy for payment of cost of living allowance, held maintainable before Labour Court under S. 25-A of industrial Relations Ordinance, 1969. Muhammad Siddiqui for Appellant. Sultan Muhammad for Respondent. DECISION An appeal has been filed by B. C. G. A. (Punjab) Limited Farm. Civil Line, Khanewal, D1strict Multan, against the order of the learned Junior Labour Court, Multan, dated 19th February, 1974 whereby respondents workmen, fifty in number were awarded cost of living allowance at Rs. 35 P. M. with effect from 1st August, 1972 under the provisions of the Employees Cost of Living Allowance (Relief Act, 1972) which was refused to be paid by the appellant establishment. According to the learned Junior Labour Court the respondents were the employees and the appellant Management Commercial Establishment covered by the-Aforesaid Act in regard to the obligation of the payment of the cost of the living allowance. It has been contended on behalf of the appellant that application under section 25-A of the Industrial Relations Ordinance 1969, hereinafter mentioned as the ordinance was not maintainable before the Learned Junior Labour Court, that no grievance notice was given to the appellant Management before filing the said petition which was mandatory, ;that provisions of the Ordinance…
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