| Citation(s) |
|---|
| 1985 SLG 2341 1985 SLD 2341 1985 PLC 1062 |
Labour Appellate Tribunal, Balochistan
Appeal No. 19 of 1984, decided on 2nd June, 1985.
MUFTAKHIRUDDIN, APPELLATE TRIBUNAL
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Appeal No. 19 of 1984, decided on 2nd June, 1985.
MUFTAKHIRUDDIN, APPELLATE TRIBUNAL
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BOLAN TEXTILE MILLS
VS
LABOUR UNION BOLAN TEXTILE MILLS
Law:
Section:
Industrial Relations Ordinance (XXIII of 1869)-- ---Ss. 25-A & 34--Industrial dispute raised by C . B . A. is on behalf of all workmen--Procedure of individual grievance under S.25-A not applicable to such dispute--House rent deductions made by management in excess and violation of operative settlement--C. B.A. moving application to Labour Court under S.34--Objection that application by C . B . A. was not maintainable and it could be moved by individual workers after service of grievance notice--Objection repelled--Right guaranteed under settlement was common cause of all workers and C.B.A. was not espousing cause of individual workman but a right secured to it through settlement. Muhammad Sharif and Muhammad Riaz Ahmed for Appellant. K.N. Kohli and Sheikh Ghulam Ahmed for Respondent. Date of hearing: 20th April, 1985. JUDGMENT This appeal is directed against the decision given in application No.72 of 1983 by the Presiding Officer 1st Labour Court Baluchistan Quetta on 10-11-1984 whereby the appellant is directed to maintain the amenity as existed on 31-12-1981 enjoyed by the workers employed with the Bolan Textile Mills Ltd., Quetta and the orders contained in the circular orders, dated 28-2-1982 and 20-8-1983 issued by the appellant demanding more than 25% of the house rent allowance from the workers have been set aside. The respondent, the Collective Bargaining Agent for Bolan Textile Mills workers (hereinafter referred to as the C . B. A.) made an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as "IRO") before the Presiding Officer 1st Labour Court Quetta and maintained therein that the Bolan Textile Mills Ltd. had provided fringe benefits to the workers of the Mill including the benefit of house rent and provided accommodation to the workers and the rent of quarter was to be recovered at the rate of 25% of the house rent allowance and this was contained in the Settlement Agreement executed/ signed on 23-5-1982 by the management and the office-bearers of the workers Union. This agreement was valid for the period from 1-1-1982 to 31-12-1983. The Mill Management had once issued an order whereby the…
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