Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) -- S. 30-Festival holiday--Settlement containing clause that festival holidays only in accordance with those announced by Government every year will be availed by workers and in case such festival holiday fell on day of normal weekly holiday (Saturday) substituted holiday will be availed on next Sunday-Contention of Management that according to words of settlement Substituted holiday was to be availed only if festival holiday fell on Saturday and no substituted holiday was to be availed of if next Sunday was also a festival holiday-Interpretation of settlement in circumstances, held, to be made keeping in view real intention of parties-Gazetted festival holiday if happens to fall both on weekly holiday (Saturday) and next working day (Sunday) then immediately next following working day, in circumstances, held, to be deemed to be substituted holiday for purpose of settlement -Interpretation of settlement. Re: A Deltor (1948) 2 All E R 533 ref. Maxwell on Interpretation of Statutes, 12th Edn. rel. Mahmood A. Ghani for Applicants. Ali Amjad for Respondent. Date of hearing: 14th December, 1981. ORDER Difference between the parties and doubts having arisen as to the interpretation of clause (16) of the Settlement arrived at on 29th March, 1979 between the Hakimsons Chemical Industries Ltd., the applicants herein, and the Collective Bargaining Agent, in their establishment, i.e. the Hakimsons Group Employees Union, the respondents herein, the applicants have preferred this application under section 50, I.R.O., for the interpretation of the said clause in the settlement which reads as follows:- "That the management has agreed to increase the Annual Leave from 16 to 20 days for a year of continuous service as the Union ((11948) 2 All E R 533 (536)) Workers have agreed to avail the festival holidays only in accor­dance with those announced by the Government every' year under the Factories Act through Gazette notification. However, if any gazetted holiday falls on our weekly holiday only on Saturday, the following day will be considered as a holiday." 2. The stand of the applicants is that although a substituted holiday is…

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