Case Details

Citation(s)
1979 SLG 236 1979 SLD 236 1979 PLD 448
Lahore High Court
Writ Petition No. 2191 of 1976, decided on 27th January 1979. Date of hearing: 16th January 1979.
GUL MUHAMMAD KHAN, J
Zafar Iqbal Khan for Petitioner. Nemo for
Respondent No 1. Iftikhar Ahmad Dar and Ch. Altaf Hussain for
Respondent No. 2.

PUNJAB EMPLOYEES€™ SOCIAL SECURITY NON GAZETTED STAFF UNION, LYALLPUR er

VS

PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE AND another--Respondents K. G. Old v. Presiding Officer P L D 1976 Lah. 1097 fol.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- S. 37 read with Ss. 2(ii) & 34-Agreement between Management and Union-Held, covered by term "settlement" and right under such settlement enforceable under S. 34--Such settlement, however, does not answer requirements of an "award" and hence not appealable under S. 37.-[Appeal (civil)-Words and phrases]. (b) Industrial Relations Ordinance (XXIII of 1969) -- S. 2(xiv) read with West Pakistan Employees' Social Security Ordinance (X of 19651--"Industry"-Definition-Social Security Institution established under Ordinance X of 1965-Held, an "industry" as defined in Industrial Relations Ordinance.-[Words and phrases]. JUDGMENT This petition is directed against the order dated 17th August, 1976, whereby the appeal filed by respondent No. 2 was accepted by the Appellate Tribunal and the decision of the Labour Court allowing the workers, the corporation and conveyance allowances was set aside. 20. The facts giving rise to it are that the petitioner-Union applied on 17th January, 1976, to the Punjab Labour Court 111, Lyallpur, for the .conferment of various rights, under section 34 of the Industrial Relations Ordinance. At the time of hearing, the parties are stated to have reached a compromise to get settled only the dispute about the corporation allowance and the conveyance allowance. The Labour Court accepted the petitioner's plea and vide its order dated 12th April, 1976, held that the petitioner is entitled to the two allowances. Respondent No. 2 was also directed to pay the same in accordance with the list Exh. P. 1 within 15 days of the order. 3. Respondent No. 2 challenged that order in appeal It came up before respondent No. 1, the Appellate Tribunal, who held that the respondent-institution, being not an industry for the purpose of Industrial Relations Ordinance, was not liable to the jurisdiction of the Labour Court. It also rejected the objection raised by the petitioner that no appeal lay as according to it, the application of the petitioner before the Labour Court fell under section 32(1-A) and not under section 34 of the Industrial Relations Ordinance. The petitioner now challenges the above order. 4.…
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