Law:

Section:

Industrial dispute---- -----Rest and recreation allowance-Payable once in 3 years-Employee in regular service since 1:10-1970 paid allowance in March to June 1974 and then in February to September 1976 -Payment made in February to September 1976, held, could be treated for cycle from 1-7-1973 to 30-6-1976 and not for cycle commencing from 1-7-1976. Muhammad Bashir Awan for Applicants. R. M. Mushtaq for Respondents. ORDER The applicants' case is that they are regular employees of respondent with effect from 1-10-1970 and were entitled to the recreation allowance upto one month's salary for every 3 years as per order Exh. A-2 dated 22-4-1969 and were paid recreation allowance for two cycles. The respondent changed the recreation allowance rules as per office memorandum dated 7-5-1977 Exh. A-5 according to which they were entitled to half month's salary as recreation allowance every year with effect from 1-5-1977. It is claimed by the applicants that they are not paid half salary as recreation allowance for the year 1977 as per order Exh. A-5 for which this claim is filed after grievance notice. 2. The contention of the respondent is that the applicants were paid recreation allowance for first cycle for the period from 1-7-1973 to 30-6-1976 and the second cycle starts with effect from 1-7-1976 for which the applicants were paid recreation allowance of one month's salary. According to para. 4 of the office memorandum dated 7-5-1977 Exh. A-5 the applicants were entitled to half month's salary as recreation allowance after 2 years of the second cycle, i.e. after 30-6-1978 and as such they were not paid recreation allowance for 1977. 3. S. Azam Hussain applicant No. 1 has given affidavit on behalf of the applicants and has admitted to have received two recreation allowances for two cycles in 1973 and in October 1976. Applicant has produced documents Exh. A-1 to A-13. He has also referred about settlement between the respondent and M. C. P. Central Employees Federation which refer only about payment of recreation allowance as per rules. As per Office order dated 6-5-1978 Exh. A-11(i) the recreation allowance of half month's salary was payable after 30-6-1978, to those…

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