Law:

Section:

Industrial dispute ---- ----Wages-Daily-rated workers paid wages at intervals of 15 days­-Raising grievance that they were paid . wages for only 26 working days to month and not for 4 holidays in month-Total wages divisible in 3 parts : (1) Cost of Living Allowance deemed to be part of wages; (2) increase to wages given from time to time through settlements, and (3) basic wages before such increases- Full cost of living allowance admissible for month being paid in two equal installments-All increases through settlement specifically made on basis of 26 days in month-No evidence on record indicating that basic wages worked out on basis of 26 days in month-Workers, in circumstances, held. entitled to difference for rest days in a month only in respect of basic wages component i.e. excluding cost of living allowance and increases in wages through settlements-Order of Labour Court allowing total claim of difference relating to total wages, in circumstances, modified by Appellate Tribunal confining payable difference only on basis of basic wages component of total wages-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Workmen of Bombay Port Trust v. Trustees of the Bombay Port Trust 1962 P L C 227 and Workers' Union v. Adam Tea Blending Company 1976 P L C 497 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 25-A & 37-Claim in grievance petition-Can be made in respect of matter for which grievance notice served upon employer­-Workers claiming difference of wages on account of wages for rest days in month not paid to them-Labour Court allowing same for period of 3 years preceding date of impugned decision-Grievance though was continuing one, claim, held, could be made for period not exceeding 3 months from date of service of notice-Order of Labour Court, in circumstances, modified by Appellate Tribunal allowing arrears for period up to 3 months before service of griev­ance notice. Masood Mirza for Appellants. Mohammad Shaft Mohammadi for Respondents. Date of hearing : 9th March, 1983. ORDER The 10 contesting respondents are daily-rated workers in the appellant­-Company though they are paid wages at intervals of 15 days. Their…

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