Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- S. 50-Interpretation of settlement-Settlement clause ambigu­ous pertaining to operative date of benefit--Extrinsic evidence can be relied to decide matter-Settlement providing benefit of advance increment for those passing certain examination-No mention that increment was admissible to those only who pass examination after date of settlement or even to those who had passed such examination earlier-Subsequent agreement between Management and collective bargaining agent specifying particular date for operation of such benefit-Such agreement, in circum­stances, relied, and question decided accordingly-Contention that subsequent agreement being contrary to rights of worker was invalid by virtue of S. 22 (12) (a)-Contention rejected and held that earlier settlement being ambiguous created no right regarding operative date the subsequent agreement was quite valid-Industrial Relations Ordinance (XXIII of 1969), S. 22 (12) (a). Pakistan Tobacco Co. v. Pak. Cigarette Labour Union and another P L D 1977 Kar. 879 rel. Syed Ashraf Hussain Rizvi for Applicant. Sardar Ikramullah; for Respondents. DECISION Applicant, Mohammad Younus, a Senior Clerk in the Pakistan industrial Development t corporation, the respondents therein has filed an application under section 50, I.R.O., for the interpretation of the following provision in the Memorandum of Settlement arrived at between the representatives of the Pakistan Industrial Development Corporation and the representative of its staff union, on 11th June, 1980 :- "Graduation Allowance.--It is agreed to allow one special increment to the workers who have passed B.A./B.Sc. examination during the service as is being paid to the employees who have passed B.Com./LL. B./M.Com". 2. It has been urged by Mr. Ashraf Hussain Rizvi, the learned counsel for the appellant, that under the aforesaid provision of the settlement, every employee of the P.I.D.C., who had passed the examina­tion referred to in the said provision, during his service, whether the examination was passed before or after the coming into force of the settlement, was entitled to Graduation Allowance/Special Increments, but…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492