Case Details

Citation(s)
1982 SLG 1665 1982 SLD 1665 1982 PLC 947
Labour Appellate Tribunal, Sindh
Application No. KAR-274 of 1980, heard on 12th February,1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

EMPLOYEES UNIONvsMESSRS FOUJI SUGAR MILLS LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- --- S. 50 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance- (VI of 1968), S. O. 10-C(l)--Dispute whether bonus payable under operative settle­ment was a profit bonus covered by S. O. 10-C (1) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Involves interpretation of settlement---Falls within scope of section 50 of Industrial Relations Ordinance, 1969 within exclusive jurisdiction of Labour Appellate Tribunal. Oil & Gas Development Corporation, Karachi v. Punjab Labour Court 1975 S C M R 485 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)- --- S. 50-Interpretation of settlement-Matter not essentially to be referred to Tribunal by Government-Dispute whether bonus payable under operative settlement was a profit bonus covered by S. O. 10-C (t) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 agitated before High Court in constitutional petition refused by High Court to Labour Appellate Tribunal-Objection that reference could be made by Government, held, not sustainable-Copy of High Court order not sent to Tribunal and Workmen's Union making delayed application to Tribunal with a copy of Order of High Court ­Objection as to laches, in circumstances, rejected-Claim of workers, further held, being of continued alleged wrong or breach of settlement relating to monetary benefits not hit by doctrine of laches. Oil & Gas Development Corporation, Karachi v. Punjab Labour Court 1975SCMR485rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) - S. O. 10-C (1)--Bonus payable under settlement on basis of production, not on known or realised profits but on expected profits-An incentive profit-Not a profit bonus-Workmen, held, entitled to such bonus in addition to statutory bonus payable under S. O. 10-C. Dictionary of Business & Economics by Christine Ammer and Increasting Employees Productivity by Robert E. Sibson, p. 170 rel. Ali Amjad for Applicant. Nizam Ahmad for Respondent. Date of hearing: 12th February, 1981. ORDER This is a reference…
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