Law:

Section:

Employees' Cost of Living (Relief) Act, 1973 (I of 1974)- -- S. 3(1)-Cost of living allowance of Rs. 35 p. m..-Payable to those employees whose wages do not exceed Rs. 735 p.m. ­Employee whose wages exceed Rs. 735 p. m. by increment or other­wise ceases to fulfil condition entitling him to payment of such allowance -P4yment of such allowance through mistake or other­wise even after wages of an employee had exceeded Rs. 735 p. m. would create no right in employee to receive same under law nor would it entitle collective bargaining agent to enforce such claim under S. 34 of Industrial Relations Ordinance, 1969-Industrial Relations Ordinance (XXIII of 1969), S. 34. Ch. Rashid Ahmad for Appellant. Date of hearing: 29th March, 1982. The short point which falls to be considered in this appeal is whether the employees whose wages presently admittedly exceed Rs. 735 p. m. are entitled to cost of living allowance of RS. 35 p. m. under the provi­sions of subsection (1) of section 3 of the Employees' Cost of Living (Relief) Act, 1973 (hereinafter referred to as the `said Act'), 2. This appeal arises from an order made by the learned IVth Labour Court on 4th February, 1982, dismissing an application made by the appellant Union under section 34, I.R.O., complaining that the res­pondents had withdrawn the cost of living allowance of Rs. 35 payable under subsection (1) of section 3 of the said Act to employees whose wages exceeded Rs. 735 p. m. and praying that they be directed to pay the said cost of living allowance to such employees. 3. An application under section 34, I.R.O., can only be made for the enforcement of a right guaranteed or secured by or under any law, award or settlement. It has, therefore, to be seen whether the right to receive the cost of living allowance of Rs. 35 p. m. is conferred by law, and if so, to whom it is payable and in what circumstances. The said Act was proceeded by the Employees' Cost of Living (Relief) Ordinance, 1973. Section 3 of the said Ordinance requires every employer to pay on or after the first day of August, 1973, to each of his employees a cost of living allowance equal to Rs. 35 p.m. In the said Ordinance. "Employee" was defined…

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