Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2 (xxviii) & 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)-­"Workman"--Salesman--Grievance petitions sought to be not maintainable on grounds that petitioners (Salesmen) were not workmen--Petitioners asserting that their duties were of clerical nature, pay did not exceed Rs.800 per month and were not supervisors--No evidence in rebuttal produced--Objection as to maintainability of petitions, in circumstances, not entertained. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Limitation--Grievance petition contested as time-barred-­Grievance notice served within three months of impugned order--Reply to grievance notice received 11 days after notice and petition filed within two months from date of receipt of reply to grievance notice-­Objection as to limitation, in circumstances, repelled and petition, held, within time. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Verification--No requirement of law-­Objection that petition in absence of verification not maintainable-­Repelled. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(xxiv) & 26--Settlement--Custom or usage--Ten years time not sufficient to make facility a custom or usage or long-standing practice-­Can be changed bilaterally through consent of parties--Settlement arrived at after negotiations amongst management and Collective Bargaining Agent--Attacked before Labour Court as invalid on grounds that it inter alla reduced rate of commission of petitioners (salesmen) as against existing rates in practice through agreements from time to time over a period of ten years--Ten years time, held, not sufficient to make such facility a custom or usage so as to prevent its reduction through bilateral agreement--Mere fact that earlier commission was more, held, does not mean that it could not be reduced even with consent bf parties--Impugned agreement arrived at validly regarding all types of workers containing clauses beneficial to petitioners as well and not assailed by union--Petitioners, in circumstances, held, could not…

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