| Citation(s) |
|---|
| 1971 SLG 3025 1971 SLD 3025 = 1971 PLC 105 |
Pakistan Labour Court
Industrial Dispute Case No. 8/1 of 1970, decided on 18th July 1970:
Presented By: Md. Nurul Huda, Chairman, M. A. Sabur and M. H. Meerza, Members
Industrial Dispute Case No. 8/1 of 1970, decided on 18th July 1970:
Presented By: Md. Nurul Huda, Chairman, M. A. Sabur and M. H. Meerza, Members
KARNAPHULI RAYON, & CHEMICALS LTD., CHITTAGONG
VERSUS
KARNAPHULI RAYON & CHEMICAL WORKERS' UNION
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 34, 45
(a) Industrial dispute-Bonus-- Settlement reciting that workers could raise demand for bonus provided profitability was, reflected in annual balance-sheet - Annual balance sheet indicating huge profits even after disbursement of dividend to shareholders - Demand for bonus, in circumstances, granted subject to deduction of ex gratia payments already made, during particular year. (b) Industrial dispute- IV ages-Minimum wage for unskilled workers-Should be consolidated @ Rs.125 per month-Leave salary, overtime, bonus and other benefits should be calculated on basis of consolidated fixed amount of Rs. 125 per month. (c) Industrial dispute - Family ration - Not dependent on workers' residence within mill premises-Workers residing with fancily in industrial area, held, entitled to family ration. (d) Industrial Relations Ordinance (XXI11 of 1969), Ss. 34 & 45(1) - Application under S. 45(1) -Pre-supposes pendency of proceedings in Labour Court-Management approaching Court under S. 45(l) for prohibition of strike - Workers' Union, in Circum stances, not bound to come to Court with an application under S. 34 for adjudication of their, demands-Section 34 gives scope to any of the parties to industrial dispute to seek adjudication of same-Court, in circumstances, held, competent to adjudicate upon demands of Workers' Union concerning matters relating to pending dispute arising out of application pf Management. ORDER MD: NURUL HUDA (CHAIRMAN). Karnaphuli Rayon & Chemicals Limited is the first party in this case. Karnaphuli Rayon & Chemicals Workers' Union is the second party. The case arises out of an application under section 34 read with section 45(1) of the Industrial Relations Ordinance, 1969 filed by the first party. A short synopsis of things .in the background needs be recounted. The second party Union submitted a representation, dated the 9th January 1970, to the Manager, arnaphuli Rayon do Chemicals Limited for consideration of 4 (four) demands of the Union. Having failed to get favourable response to their demands the Union submitted a strike notice on 23rd January 1970. Ultimately the workers resorted to strike on 13-2-1970.…