Law:

Section:

Employees' Cost of Living (Relief) Act, 1973 (I of 1974)- -- S. 3 (4), proviso [as amended by Employees' Cost of Living (Relief) (Amendment) Ordinance (XXXII of 1980)]--Expression 'the amount"-Should be construed with reference to cost of living allowance payable under Act - Cannot be deemed to include every amount payable under an agreement or settlement or award becoming effective within period specified in proviso-Relatable to increase in cost of living and be given restricted meaning-Only amount paid or payable by employer under a settlement to provide relief due to rise in cost of living to be adjusted-Such adjustment and set-off grounded on public policy-Employer bound to follow same-Neither can waive requirement of adjustment and set-off nor can be estopped despite any settlement. Bank of Bahawulpur v. Muhammad Shies P L D 1967 Kar. 433 distingu­ished. Muhammad Moin Khan v. Chief Settlement Commissioner of Pakistan P LD 1961 S C 436 rel. Sher Afghan for the Management. Nayab Naqvi for the Union. Date of hearing; 27th November, 1980. ORDER These are three applications, all under section 50, Industrial Relations ordinance, seeking interpretation of the provisions of the respective settle­ments arrived at by the workmen concerned, through their C. B. As., with their employers, in the light of the provisions of the Employees' Cost of Living (Relief) Act, 1973, hereinafter referred to as the Principal Act, as amended by Ordinance XXXII of 1980, hereinafter referred to as the Amending Ordinance. As the three applications involve substantially common issues of facts and law, they have been heard together and are being decided by this order. 2. Application No. 6110 of 1980, is by the International Laboratories Ltd., and seeks interpretation of the provisions of a settlement arrived at on 29th January, 1980, though the settlement was given retrospective effect from 1st January, 1980, between the said company and the C. B. A. therein, particularly the penultimate clause of the settlement, which reads as follows :- "It is further agreed that our additional benefits, monetary or other­wise or facillty or rights hereinafter granted by the Government under any law or…

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