Case Details

Citation(s)
1982 SLG 1528 1982 SLD 1528 1982 PLC 483
Labour Appellate Tribunal, Punjab
Appeal No. JA-632 of 1978, decided. on 9th December, 1981..
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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CRESCENT JUTE PRODUCTS LTD. JARANWALA

VS

WORKERS UNION

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- S. 34 [as amended by Act XXIX of 1973]-Collective Bargaining Agent cannot make application to Labour Court for enforcement of any right granted or secured to workers-Petition made under section 34 for purpose, held, not competent. H. R. Haider for Appellant. Ejaz Anwar for Respondent. . Date of hearing: 1st December, 1981. JUDGMENT This appeal arises from the decision dated 15th June, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the grievance petition of the respondent Union was accepted and the appellant was directed to pay the workers of the said Union minimum wages as allowed to the workers of the factories situated in Zone 'A'. 2. There are two Zones 'A' and ' B' and the rate of wages allowed to the workers working in the factories situated in Zone 'A' is greater than the wages allowed to the workers of the factories situated in Zone 113'. The respondent Union brought an application under section 34 of the Industrial Relations Ordinance, 1969, claiming that the appellant factory was situated in Zone 'A', therefore, the workers were entitled to the wages according to the rate of Zone 'A'. The application was contested by the appellant. According 'to which the factory was situated in Zone `B'. According to the notification Exh. P-2, the factories situated in the Muni­cipal and Cantonment limits of Faisalabad were in Zone 'A'. It is, therefore, to be seen whether the appellant factory is situated within the Municipal limits of Faisalabad. Admittedly, the Municipal boundaries of Jaranwala and Faisalabad adjoin. The parties did not produce Municipal record of Faisalabad and Jaranwala, nor examined the con­cerned official of the two Municipalities. Only from the Municipal record it could be shown whether the appellant factory is situated within the Municipal limits of Faisalabad or Jaranwala. Mr. Tariq Hashmi, General Secretary, was examined on behalf of the respondent, but he did not say whether the appellant factory situated within the Municipal limits of Faisalabad. On behalf of the appellant Mr. Mahboob Khan, Personnel Officer (RW-1) was examined. He in…
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