Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -- S. 34-Scope-Espousing cause by collective bargaining agent ­Limited to common cause of workers-Collective bargaining agent cannot espouse cause of individual workmen-Payment of Trans­port allowance to drivers numbering 7 out of total workers numbering 1000, held, could not be agitated under S. 34 by collective bargaining agent. Iqbal Ahmad v. IInd Sind Labour Court 1980 P L C 316 ; Chamber of Commerce and Industries Karachi v. Presiding Officer Sind, Labour Court No. 111 1979 P L C 179 ; Sooraj Ghee Industries Ltd. v. President Sooraj Ghee Workers Union 1979 P L C 45 ; Sind Alkalies Ltd. v. Workers: Union P L C 1979 Kar. 473 ; Nishat Industries Ltd. v. Nishat Industries Employees' Union 1980 P L C 939 and Crescent Jute Products Ltd., Gujranwala v. Workers' Union 1982 P L C 433 ref. Mahmood A. Ghani for the Company. Nawab Naqvi for the Union. Date of hearing : 28th March, 1982. ORDER On 13th December, 1980, a memorandum of settlement, effective for 23 months from 12th December, 1980 to 11th January, 1982, was arrived at between the Hashmi Can Company, to which I will refer for the sake of bravity as the company, and Hashmi Can Company Employees' Union, the collective bargaining agent in the company, to which I will refer as the union. Paragraph 6 of the memorandum of settlement is related to staff transport. It reads as follows :- "Staff Transport.-In lieu of total existing transport facility, company agrees to pay Rs. 250 per month to all Factory and Office Staff as soon as a change is made out positively by 1st April, 1980. However, female employees and. drivers because of their nature of duties, will continue to be provided the existing Transport facilities but will not be entitled to the Transport Allowance." 2. It is the case of the union that the company discontinued trans­port facility to the drivers with effect from 1st June, 1981 and on the matter being brought to the notice of the union by the drivers, the union first took up the matter with the company but as negotiation with the company failed, the union made an application to the learned IInd Labour Court for a direction to the company to provide…

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