Law:

Section:

(a) Industrial dispute------- --Gratuity --- Payable only after retirement-Claim, held, rightly rejected by Labour Court at premature stage-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. (b) Industrial Relations Ordinance (XXIII of 1969)--------- -- Ss 36 &. 37 read with Civil Procedure Code (V of 1908), S. 11­Adjudication of industrial dispute-Res judicata-Principle of-Applied in industrial dispute. Mahmood Ghani for Appellant. Respondent in person. DECISION This is an appeal against the order of the Labour Court ordering the issuance of Identification Card to the respondent from the date of his first appointment as prayed by him. 2. The respondent was in the service of the appellant since 1954. He was denied certain benefits and, therefore, he made an application under section 25-A, I. R. O. to the Junior Labour Court. His application was granted. Against that order an appeal was filed in the Labour Court and the order was modified to the extent that since the respondent, for the first time, made his grievance by a letter dated 1st February, 1973, he would be entitled to the benefits of bonus and other kinds of leaves from that date only. This order was passed on 26th January, 1974. 3. Subsequently, an Identity Card was issued in which the employ­ment of the respondent was shown to be from Ist February, 1973. The respondent, however, claimed that the date of his employment should have been shown from 1st January, 1954. Consequently, he approached the Labour Court by making an application under section 25-A, I. R. O. after serving the grievance notice. He also claimed gratuity from 1954 to 1974. 4. The application was resifted and it was pleaded that the respondent vas in the employment of the contractors and he was no: entitled to any benefit as already held and his date of appointment could only be the date when the previous order of the Junior Labour Court was passed. 5. The Labour Court rejected the claim for gratuity as this can be granted alter requirement, but be…

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