Case Details

Citation(s)
1984 SLG 1569 1984 SLD 1569 1984 PLC 969
Labour Appellate Tribunal, Punjab
Appeal No. LHR-205 of 1981, decided on 30th November, 1982.
MUHAMMAD ABDUL GHOFOOR KHAN LODHI, APPELLATE TRIBUNAL

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Tae PUNJAB PROVINCIAL CO-OPERATIVE BANK LTD. .

VS

ABDUL RAZZAQ

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 37--Labour Court disposing of several petitions through single by consolidating same-Appeal against such order of Labour Court-Separate appeals, held, should have been filed-Appeal against one party, held, could not be treated against all those succeeding in such single order of Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance petition-Limitation -Petition claiming customary bonus-Such bonus becomes due on close of year ­Grievance notice to be served within 3 months from close of year when bonus not paid. (c) Industrial dispute- -- Bonus-Customary bonus-Ingredients : (1) Based upon old custom ; (2) continuous and (3) unconditional- Homogeniety of rate of bonus contains element of acquiescence-Element of acquisence to be present in case of customary bonus and in absence thereof bonus is ordinary and not customary and thus not contractual-Bonus not paid during three years due to loss-Bonus, in circumstances, held, did not attain character of customary bonus. Mian Nisar Saleem for Appellant. Respondent in person. Date of hearing : 3rd November, 1982. JUDGMENT This appeal is directed against the decision, dated 30th March, 1981 recorded by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the grievance petition of the respondent along with the grievance petition of the other workers was accepted and the appellant was directed to pay one month's basic pay as customary bonus in addition to statutory bonus already paid to the workers. The respondent and many other workers brought separate grievance petitions claiming the customary bonus. The learned lower Court consolidated all of them recorded proceedings in the petition of Abdul Razaq, respondent and disposed them of through the single impugned order. The appellant has challenged the order of the learned lower Court only against Abdul Razaq, respondent but has not brought any appeal against the remaining workers. It appears that the Qrder has been challenged in this appeal with regard to other workers also by using the words `respondents" in plural number. The title of the appeal The Punjab…
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