Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------- --- Ss. 50 & 34-Scope of S. 50-Whether or not an employee referred to in settlement was a workman-Question to be resolved on basis of nature of duties-Outside scope of S. 50-Settlement containing clause regarding up-gradation of Food Inspectors of Rice Export Corporation-Contention of Corporation that Food Inspectors not being workmen any provision relating to them in settlement arrived at with Workers Union was not valid and binding-Workers Union making application for interpretation of settlement under S. 50-Matter, in circumstances, held, beyond scope of S. 50, workers union could more appropriately tile application under S. 34. Pakistan Tobacco Company Ltd. v. Pakistan Tobacco Company Employees' Union, Dacca P L C 1961 S C 403 and Workers of Bata Shoes Company v. Bata Shoes and another 1971 P L C 1 ref. Muhammad Shafique Qureshi for Appellant. Date of hearing : 6th December, 1981. DECISION This purports to be an application under section 50, I. R. O., for the interpretation of sub-clauses (j) and (k) of clause 23 of the agreement arrived at between the applicant union and Rice Export Corporation of Pakistan Limited on 20th November, 1980, which read as under :- "(j) & (k) It is agreed that upgrading of Food Inspectors post in the cadre of Analyser shall be considered actively by the Management in view of the additional responsibilities assigned to them and final decision of the Management shall be communicated to the Union within three months' time." The difficulty or doubt regarding the above provision in the agree­ment is said to have arisen as according to the applicant union the Food Inspectors of the Rice Export Corporation are workmen for the purposes of Labour Laws while the stand of the Rice Export Corporation is that the Food Inspectors are not workmen for the purposes of the Labour Laws and, accordingly, the aforesaid provision…

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