| Citation(s) |
|---|
| 1983 SLG 2003 1983 SLD 2003 1983 PLC 1195 |
Labour Appellate Tribunal, Sindh
1983 Appeals Nos. KAR-35 and 36 of 1983, heard on 15th February,
Z. A. CHANNA, APPELLATE TRIBUNAL
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1983 Appeals Nos. KAR-35 and 36 of 1983, heard on 15th February,
Z. A. CHANNA, APPELLATE TRIBUNAL
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HOSTELLARIEDEFRANCE STAFF AND WORKERS UNION
VS
MESSRS HOSTELLARIEDEFRANCE
Law:
Section:
(a) Industrial Relations Ordinance (XX11I of 1969)---- --S. 34-Application by collective bargaining agent for enforcement of rights of workers under Settlement-Filed by General Secretary of respective Union-Such General Secretary ceasing to hold office due to fresh elections-Change of office-bearers notified to and approved by Registrar-Applicant after having ceased to be office-bearer, in circumstances, held, not entitled to file application before Labour Court. (b) Industrial Relations Ordinance (XXII1 of 1969)---- ----Ss. 34 & 40 (2) - Enforcement of right of workers under settlement-Application by collective bargaining agent under S. 34Application filed after expiry of period for which same binding as mentioned in settlement itself-Benefits or rights conferred by settlement, in circumstances, held, could not be enforced for. period after expiry of settlement itself. Ali Ahmed for Appellant. Date of hearing : 15th February, 1983. ORDER These are 2 appeals against a common order of the learned IVth Labour Court, given on 21st December, 1982, dismissing. 2 separate applications purporting to have been made under section 34, I.R.O. one for the enforcement of rights of workers under clause (2) of the settlement arrived at between the respondent hotel and the C. B. A. therein on 6th August, 1978 and the other for the enforcement of the rights of the workers granted under clause (3) of the said settlement. The learned Labour Court has dismissed the 2 applications under section 34, 1. R. O., on the grounds, firstly, that the appellant, Muhammad Salahuddin Siddiqi, is not an officer of the C. B. A. in the respondent hotel and hence is not entitled to file an application under section 34, I. R. O., and the second that the settlement of 1978, for the enforcement of rights whereunder the applications under section 34, 1. R. O., have been made by the appellant, has since long expired and the provisions of the said settlement cannot be now. enforced. 2. Now, as regards the first ground which weighed with the learned Labour Court in dismissing the ; applications under section 34, I.R.O., it has relied upon the evidence of Mir Muhammad Baloch, Assistant Director,…
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