Law:

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Industrial dispute­---- -- Gratuity-Provident Scheme in existence since 1961-Gratuity Scheme introduced by Settlement on 1-11-1968, i.e. after promulgation of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Settlement not affecting gratuity or exclu­sion of its payment due to existence of Provident Fund Scheme­ Gratuity, in circumstances, held, could not be refused on plea of existence of Provident Fund Scheme-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12(6) read with S. 9. Ahmed Sadiq for Appellant. M. L. Shahani for Respondent. Date of hearing : 13th April 1977. JUDGMENT This is an appeal against the order of the Labour Court ordering the payment of gratuity amounting to Rs. 14,375 to the respondent. 2. The respondent was in the service of the appellant and was working as Marketing Research Officer. He resigned from service on 15th August 1975. At that time he was drawing Rs. 1,250 per month as pay. His resignation was accepted and all his dues except the gratuity were paid. He made a demand for the gratuity but it was refused. So he served a grievance notice dated 28th October 1975. A reply dated 13th October 1975 was sent to him rejecting his demand. Consequently, an application under section 25-A, Industrial Relations Ordinance was made in the Labour Court on 5th December 1975. 3. The application was resisted. It was pleaded that the respondent was not a workman and therefore, the application under section 25-A, Industrial Relations Ordinance was not maintainable. It was further pleaded that in view of the introduction of Provident Fund Scheme the respondent was not entitled to gratuity. 4. The learned Labour Court, on the assessment of the evidence, rejected the contentions raised by the appellant and allowed the gratuity. Aggrieved by this, the present appeal was filed. On 12th October, 1976 I started hearing the appeal and during the course of the arguments I found it necessary to record further evidence with regard to the Provident Fund Scheme introduced by the appellant. So on 23rd December 1976 the witness tendered by the respondent was examined. No further…

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