Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -----S. 50 read with Employees' Cost of Living (Relief) Act, 1973 (I of 1974), S. 3(5)-Increase in wages or allowances payable under settlement or award-Whether subject to set-off, towards additional cost of living allowance admissible under Employee' Cost of Living (Relief) Act, 1973--Necessary examination and interpretation of settlement or award to find out whether increase was a relief due to rise in cost of living-Within purview of Appellate Tribunal under S. 50 of Industrial Relations Ordinance, 1969-Attendance allow­ance paid to ensure reqularity in attendance of workmen -Con­veyance allowance paid at uniform rate-Increase in such allow­ances given in settlement not perceivably having any bearing upon or relationship with rise in cost of living-Not subject to set-off. F. M. Azad for Applicant. H. A. Jafri for Respondent. Date of hearing: 18th February, 1982. ORDER This is an application under section 50, LR O. seeking interpretation of an award made by the learned Vth Labour Court, on 13th May, 1981 in terms of an agreement between the parties reached on or about 23rd April, 1981. The necessity for the making of this application, according to the applicant union, has arisen, because whereas the Union interprets the settlement as awarding to the workmen increase in attendance allowance and conveyance allowance, as also other benefit, on grounds other than the rise in the cost of living, the claim of the 'respondent company is that the said increases have been made on account of rise in the cost of living, and consequently the cost of living allowance of Rs.40 payable to workmen under subsection (5) of section 3 of the Employees' Cost of Living (Relief) Act, 1973, is to be set off against the said increases in the allowances. 2. I have heard Mr. F. M. Azad, the learned representative for the applicant union, and Mr. H. A. Jafri, the learned counsel for the res­pondent company. A preliminary objection was raised by Mr. Jafri to the maintainability of this application to the effect that it seeks interpre­tation of the provisions of the Employees' Cost of Living (Relief), Act, 1973, and not of the provisions of…

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