Law: Industrial Disputes Ordinance, (LVI of 1959)

Section: 5

Industrial Disputes Ordinance (LVI of 1959), S. 5(5) Industrial dispute-Wages-Demand for increase-To be sub stantiated by material evidence regarding rise in cost of living Mere allegation that pay should be raised by certain percentage- Not sufficient to enable Court to grant such demand. Date of hearing: 9th September 1970.   ORDER This is an appeal against an award of the learned Chairman of the Second West Pakistan Labour Court, Karachi, dated 27th April 1970. The appellant, Fishermen Co-operative Societies Employees' Union, Karachi, had raised, as many as 11 demands against, Messrs Fishermen's Co-operative Society Limited on 23rd November 1967. The conciliation proceedings failed on 14th December 1967, and a Certificate to that effect was issued on the same date. The Union made an application before the Labour Court under section 5(5) of the Industrial Dispute Ordinance, 1959, on 21st December 1967. The Court recorded the evidence of Mr. Zar Jameel, the General Secretary of the Union and that of Mr. Hasnain, Administrative Officer Fisher men's Co-operative Society Limited, on behalf of the Society. The learned Court adjudicated upon the demands. 2. Mr. Nayab Hussain Naqvi, the (earned Representative for the Union has challenged the finding of the learned Court on Demands Nos. 1, 4, 8 and 11. Demand No. 1, relates to the increase of pay-scale of all the workmen by 30 % with a minimum of Rs. 30.00 per month. The learned Court, 'in view of the Minimum Wages fixed for unskilled workmen and also the interim Relief granted by the Government since 1969, did not consider it just to grant the relief claimed for. The Court,, however, observed that it would be open to the Union to agitate in respect of further increase in their pay if they are dissatisfied with the concession made by the Government. Mr. Naqvi contended before me, that had the Court granted the increase in pay claimed for by the Union, the workers - could have benefited in respect of Interim Relief granted by the Government. It is true, the workmen could have benefited had they been granted the demand, which was raised in 1967. The question, however, is as to whether the Court had…