| Citation(s) |
|---|
| 1981 SLG 2365 1981 SLD 2365 1981 PLC 716 |
Labour Appellate Tribunal, Sindh
Applications Nos. KAR-621 add 725 of 1980, heard on 27th November, 1980.
Z. A, CHANNA, APPELLATE TRIBUNAL
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Applications Nos. KAR-621 add 725 of 1980, heard on 27th November, 1980.
Z. A, CHANNA, APPELLATE TRIBUNAL
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WORKERS UNION
VS
MSSERS UNITED WOOLLEN MILLS, KARACHI
Law:
Section:
Employee' Cost of Living (Relief) Act, 1973 (1 of 1974)- --S. 3(4), proviso as added vide Employees' Cost of Living (Relief) (Amendment) Ordnance (XXXII of 1980)]--Adjustments--Requirements for: (1) Settlement, agreement or award should be announced on or after 1st January, 1980 and (Z) it should become effective on or after lit January, 1980 or alternatively it should be ' announced or become effective within one year of promulgation of amending Ordinance-Word "effective"--To be given ordinary dictionary meanings-Refers to time, date or period from which particular instrument or order came into operation whether prospectively, retrospectively or Immediately upon execution-Settlement clearly made effective from lit July, 1979 or from any date prior to lit January, 1980 though executed after lit January, 1980-Cost of living allowance payable under Ordinance not adjustable against amount payable to workers under such settlement. Obaidur Rehman for Applicant. M. A. Khan for Respondent. Date of hearing: 27th November, 1980. ORDER These are 3 applications under section 50 of the Industrial Relations Ordinance, 1969, seeking Interpretation of a particular 'provision of the respective settlements arrived at between the Management and the workers as represented by the Collective Bargaining Agents, in the light of the provisions of Ordinance XXXII of 1980, hereinafter referred to as the Amending Ordinance, which came into force on 36th June, 1980 and added subsection (4) together with a proviso and explanation to section 3 of the Employees cost of Living (Relief) Act, 1973, hereinafter to as the principal Act. 2. Application No. 621 of 1980 is by the United Woollen Mills Workers' Union and seek Interpretation of a settlement arrived at between the union and the United Woolen Mills on 16th June, 1980. However, according to the settlement, the benefits under the settlement accrued to the workers with effect from lot July, 1979. It was contended by Mr. Ali Amjad, the learned counsel for the applicant Union that since the twin requirements for adjustment against the amount payable under a settlement, agreement, or award, as provided in the proviso to subsection (4)…
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