| Citation(s) |
|---|
| 1961 SLG 2174 1961 SLD 2174 = 1961 PLD 393 |
Supreme Court of Pakistan
Civil Appeal No. 21-D of 1960, decided on 24th May 1961.
Presented By: A. R. Cornelius C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
H. S. Suhrawardy Senior Advocate Supreme Court (Muhammad Fazlur Rahman Advocate Supreme Court with him) instructed by A. N. M. Nasiruddin Attorney for Appellant. Abdul Hayee Chowdhury Advocate Supreme Court instructed by Nanda Lal Das Attorney for
Respondent No. 1. Hamidul Huq Chowdhury Senior Advocate Supreme Court (Mozammel Haq Advocate Supreme Court with him) instructed by Naimuddin Ahmad Attorney for
Respondent No. 4. Date of hearing : 26th April 1961.
Civil Appeal No. 21-D of 1960, decided on 24th May 1961.
Presented By: A. R. Cornelius C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
H. S. Suhrawardy Senior Advocate Supreme Court (Muhammad Fazlur Rahman Advocate Supreme Court with him) instructed by A. N. M. Nasiruddin Attorney for Appellant. Abdul Hayee Chowdhury Advocate Supreme Court instructed by Nanda Lal Das Attorney for
Respondent No. 1. Hamidul Huq Chowdhury Senior Advocate Supreme Court (Mozammel Haq Advocate Supreme Court with him) instructed by Naimuddin Ahmad Attorney for
Respondent No. 4. Date of hearing : 26th April 1961.
PAKISTAN RIVER STEAMERS LTD. Appellant
VERSUS
THE PROVINCE OF EAST PAKISTAN AND OTHERS Respondents
Law: Industrial Disputes Act, (XIV of 1947)
Section: S.19
(On appeal against the Award of the Second Industrial Tribunal, East Pakistan, Dacca, dated the 31st March 1959, in Reference Case No. 1 of 1957, published in the Dacca Gazette (Extraordinary) of 28th April 1959). (a) Industrial dispute------ ---Parties -Three out of seven Unions rais ing demands-Apprehension that demands may be raised later also by remaining four Unions-Such four Unions may be made parties to proceedings before Tribunal in respect of demands raised by three Unions. (b) Industrial Disputes Act (XIV of 1947)------ ---S.19 [before addition of subsection (5) by Industrial Disputes (Amendment) Act XXXI of 1958]-Award to remain in force only for one year-No bar against re-agitation of matters covered by Award after expiry of one year. (c) Industrial Disputes Act (XIV of 1947)----- ----S. 19 (2) read with S. 1 (p)-Settlement other than arrived at its conciliation proceed ings-Whether bar to reconsideration of matter covered by settlement. The word `settlement' is defined in section 1 (p) of the Industrial Disputes Act, 1947 and it means "a settlement arrived at in the course of conciliation proceedings". Where the settlement was not arrived at in the course of conciliation proceedings but while proceedings were pending before a Tribunal, section 19 (2) was inapplicable. Neither an award nor a settlement can in a case where it does not bind the parties under section 19 be relied upon as a bar and it can only be considered as a relevant circumstance when dealing with that particular demand which has already been the subject- matter of the award or, the settlement. (d) Industrial dispute----- -----Wages-Increase-To be made on judicial principle-Tribunal's only reason for increase: "improve ment in lot of those in the lowest rung of ladder"-Increase set aside. (e) Industrial dispute------ ----Demand for graded scales of pay -Tribunal's award making increase in wages-Goes beyond proper scope of demand-Award set aside. (f) Industrial dispute---- ------Dearness allowance-Rs. 33 fixed (by agreement)-(Employees of Steamer Company).…