Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) ---S. 51--Notice by management posted under coercion in compelling circumstances to avoid law and order situation created by workers-A one-sided notice only-Not a settlement-Cannot form basis of application for recovery of bonus. (b) Industrial dispute- --Bonus----Ex gratia bonus - Cannot be claimed as of right­--Management may pay or refuse same to any one. Shaikh Wahid Bux for Applicants. Abdul Ghani Khan for Respondent. ORDER These 38 applications have been preferred by the applicants herein­under section 51 of I. R. O., 1969 for the payment of bonus in respect of the financial year 1981-82, at the rate specifically mentioned in each application. 2. Messrs Karim Cotton Mills Workers Union is said to be C. B. A, for the respondent's establishment. It is said to have entered into a settlement on 7th May, 1981, after complying with necessary formalities. According to this settlement, besides other demands, the respondent agreed to pay bonus for the year 1980-81 to all such employees as are referred to in the settlement itself. It was also said to have been agreed that this settlement shall be binding upon the parties for the year 1961-82 as well. The agreed bonus for the year 1980-81 was paid to all the workers. However, for the bonus of year 1981-82, the respondent affixed a notice on 6th May, 1982 intimating that the bonus for 1981-82 shall be paid on 22nd June, 1982. However this bonus was not paid and so this non­payment was claimed to be in violation of the settlement referred to above and on these premises the present applications have been instituted. 3. The respondent resisted these applications and in its reply state­ment the maintainability of the applications as also the jurisdiction of this Court has seriously been questioned. The status of the applicants has also been challenged pleading that they fall in the supervisory category and so they are outside the definition of "workmen". On merits, it has been urged that the financial year of the respondent mill commences from 1st October, and ends on 30th September each year. It has been denied that the payment for the years 1981-82 was payable in terms…

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