Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1(4), proviso & S. 2(b) read with Industrial Development Bank of Pakistan Ordinance (XXXI of 1961), Ss. 2(3) & 12-Industrial Development Bank of Pakistan-A banking Company-Carried on not by or under authority of Government but general direction and superintendence vesting in a Board of Directors and Board to be guided by Government only on policy matters-Not excluded from ambit of Ordinance. 1975 P L C 1 and P L D 1976 Kar. 1176 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 10-C(4)-Employees of Industrial Development Bank receiving bonus since establishment of Bank (1961)-Bonus not dependent upon or linked with profit-Rate of bonus increased under settlement from 1969 and employees continuously receiving same at enhanced rate up to 1975 at uniform rates-Employees in circumstances, held, became entitled to such bonus according to terms and conditions of service on basis of usage and agreement. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 10-C read with industrial Relations Ordinance (XXIII of 1969), S. 38-A to H and Wage Commission Award, paras. 283 & 284-Bonus payable to workers as terms and conditions of service through usage or settlement--Not superseded by Wage Commission Award. Workers of Industrial Development Bank used to receive bonus neither linked with nor dependent upon profit from the very year of establishment of the Bank (1961). Rate of such bonus was increased through settlement with the Collective Bargaining Agent in 1969. Pay­ment of such bonus was refused from 1975 on plea that (1) according to section 38-I of Industrial Relations Ordinance, 1969 the award of Wage Commission repealed all provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 to the extent of repugnancy, and (2) the Wage Commission Award supersedes all terms and condittons prevailing before the Award Held, it has been laid down in para. 283 of Wage Commission Award, 1975 that the payment of bonus shall be…

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