Case Details

Citation(s)
1961 SLG 2208 1961 SLD 2208 = 1961 PLD 479
Supreme Court of Pakistan
Civil Appeals Nos. 89, 103, 108, 109, 110, 111 and 112 of 1960, decided on 9th June 1961.  
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Abkar, B. Z. Kaikaus and Hamoodur Rahman, JJ  
Ali Ahmad Fazeel,' Advocate Supreme Court instructed by Maqbool Ahmed, Attorney for Appellant.  Mansur Alam, Senior Advocate Supreme Court (A. A. K. Lodhi, Advocate Supreme Court with him) instructed by S. M. Hanif Attorney for
Respondents Nos. 1, 2, 3, 5 & 6.   Fazlur Rahman, Senior Advocate Supreme Court (Miss R. S. Qari, Advocate Supreme Court with him) instructed by Siddiq & Company Attorneys for
Respondent No. 4.  
Respondents Nos. 7 and 8 ; Exparte.   C. A. No. 103 of 1960   Fazlur Rahman Senior Advocate Supreme Court (Miss R. S. Qari Advocate Supreme Court with him) instructed by Siddiq & Company Attorneys for Appellant.   Ali Ahmad Fazeel, Advocate Supreme Court instructed by Maqbool Ahmad Attorney, for
Respondent No. 2.  
Respondents Nos. 1 & 3 : Ex parte.   C. As. Nos. 108, 109, 110, 111 and 112 of 1960   Mansoor Alam, Senior Advocate Supreme Court (A. A K. Lodhi, Advocate Supreme Court with him) instructed by S. M. Hanif Attorney for Appellants.   Ali Ahmad Fazeel, Advocate Supreme Court instructed by Maqbool Ahmad Attorney for
Respondents Nos. 1 and 2.
Respondents Nos. 3 and 4 : Exparte.   Dates of hearing : 27th & 28th February 1961 and 1st, 2nd, 3rd, 6th, 7th, 8th, 9th, 10th and 11th March 1961.  

C. A. No. 89 of 1960   PAKISTAN PETROLEUM WORKERS' FEDERATION, KARACHI-Appellant  

VERSUS

  (1) BURMAH-SHELL OIL STORAGE AND DISTRIBUT ING COMPANY OF PAKISTAN, LTD. KARACHI, (2) STANDARD-VACUUM OIL COMPANY, KARACHI, (3) CALTEX OIL (PAKISTAN) LTD. KARACHI, (4) PAKSITAN PETROLEUM LTD. KARACHI, (5) ATTOCK OIL COMPANY LTD RAWALPINDI, (6) STANDARD-VACUUM OIL COM PANY, PRODUCING DIVISION, KARACHI, (7) PAKISTAN, through the Secretary to Government of Pakistan, Ministry of Health & Social Welfare (Labour Division) Karachi and (8) MR. W. B. L. VELLANI, INDUSTRIAL TRIBUNAL, KARACHI-Respondents   C. A. No. 103 of 1960   PAKISTAN PETROLEUM, LTD., KARACHI --Appellant   versus   (1) PAKISTAN, (2) PAKISTAN PETROLEUM WORKERS' FEDERATOIN KARACHI TAN, (3) Mr. W. B. L. VELLANI, INDUSTRIAL, TRIBUNAL KARACHI-Respondents   C. A. No. 108 of 1960   (1) STANDARD-VACUUM OIL COMPANY, KARACHI and (2) STANDARD-VACUUM OIL COMPANY, PRODUCING DIVISION, KARACHI-Appellants   versus   (1) PAKISTAN PETROLEUM WORKER' FEDERATION, KARACHI, (2) STANDARD-VACUUM EMPLOYEES UNION, KARACHI, (3) MR. W. B. L. VELLANI, INDUST RIAL TRIBUNAL, KARACHI and (4) PAKISTAN-Respondents   C. A. No. 109 of 1960   CALTEX OIL (PAKISTAN) LTD,, KARACHI-Appellant   versus   (1) PAKISTAN PETROLEUM WORKERS' FEDERATION, KARACHI (2) CALTEX EMPLOYEES' UNION, KARACHI, (3) MR. W. B. L. VELLANI, INDUSTRIAL TRIBUNAL, KARACHI and (4) PAKISTAN-Respondents   C. A. No. 110 of 1960   THE ATTOCK OIL COMPANY, LTD., RAWALPINDI-Appellant   versus   (1) PAKISTAN PETROLEUM WORKERS' FEDERATION, KARACHI, (2) THE ALL PAKISTAN OIL FIELDS & REFINERY EMPLOYEES' LEAGUE, RAWALPINDI, (3) THE A. O. C. STAFF UNION, CAMPBELLPUR, (4) MR. W. L. VELLANI, INDUSTRIAL TRIBUNAL, KARACHI and (5)PAKISTAN-Respondents   A. No. 111 of 1960   (1) BURMMAH-SHELL OIL STORAGE & DISTRIBUTING COMPANY OF PAKISTAN LTD., KARACHI     and      (2)       BURMAH-SHELL   PAKISTAN PENSIONS TRUST LTD., KARACHI-Appellants   versus   (1) PAKISTAN PETROLEUM WORKERS' FEDERATION, KARACHI, (2) BURMAH-SHELL' EMPLOYEES' UNION. KARACHI, (3) MR. W. B. L. VELLANI, INDUSTRIAL TRIBUNAL, KARACHI and (4) PAKISTAN -Respondents   AND   C. A. No. 112 of 1960   (1) BURMAH-SHELL OIL STORAGE & DISTRIBUTING COMPANY OF PAKISTAN, LTD., KARACHI, (2) STANDARD-VACUUM OIL COMPANY, KARACHI and (3) CALTEX OIL (PAKISTAN) LTD., KARACHI-Appellants   versus   (1) PAKISTAN PETROLEUM WORKERS' FEDERATION, KARACHI, (2) KARACHI PETROLEUM WORKERS' UNION, KARACHI, (3) MR. W. B. L. VELLANI, INDUSTRIAL TRIBUNAL, KARACHI and (4) PAKISTAN-Respondents  

Law: Industrial Disputes Act, (XIV of 1947)

Section: S. 15

(On appeal from the Award of the Industrial Tribunal, Karachi, published in the Extraordinary Gazette of Pakistan, dated the 4th June 1959).   (a) Industrial dispute-----   ----Joint disposal of several disputes-Between Workers' Union and seven Oil Companies, two of which were prospecting and producing Companies and rest distributing Companies-Disposal of disputes together by Tribunal, by single award-Not approved-Necessity of avoiding application of false analogies-Two producing companies should have been dealt with in two independent separate eases and rest jointly in one case.   (b) Industrial Disputes Act (XIV of 1947)----   ----S. 15-Period of three months expiring without the Tribunal being able to make an award-Time not extended by Government-Reference to be deemed infructuous in law. (c) Industrial Disputes Act (XIV of 1947)-------   ----Ss. 7 & 10-- Reference of dispute to Tribunal under S. 10 without first consti tuting same under S. 7, but words of notification under S. 10 also words of constitution and having effect of constituting Tribunal- Reference, held, in order.   (d) Industrial Disputes Act (XIV of 1947)------   ----S. 15-Limitation of time for making award-Meant to secure expedition-Does not take away jurisdiction of Tribunal-Award made after extended time also had expiredFurther extension of time by Government ex post facto-Award, held, not invalid.   Held, that the imposition of limits of time upon the success ful conclusion of the adjudication must be intended for the purpose of securing expedition.   A disturbed state of affairs affecting the relations between the employers and the workers in an industry must be composed, and the task is entrusted to a Tribunal. No extraneous considerations apply, and therefore it is reasonable to assume that considerations of mere time will not operate to take away the jurisdiction.   A validation must have effect in relation to every proceed ing, taken before the Tribunal, in the course of the enquiry up to and including the making of the award. There are no words in section 15 (1) of the Industrial Disputes Act, 1947 to prevent the referring…
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