Case Details

Citation(s)
1986 SLG 1967 1986 SLD 1967 1986 PLC 222
Labour Appellate Tribunal, Sindh
Application No. 1 of 1983, decided on 19th November, 1985.
A.J. BACHANI, PRESIDING OFFICER

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

LABOUR UNION

VS

Messrs PAKISTAN MACHINE TOOL FACTORY, KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 34, 50, 54 & 55--Settlement, implementation of--Settlement clauses not disputed--C.B.A. seeking implementation--Application to Labour Court by C.B.A. under S. 34, held, not maintainable and remedy available to individual workers if affected under S. 25-A, subject to limitation or for penal action, Ss. 54 & 55. 1984 P L C 1359 ref. Shamsuddin Khalid Ahmed for Applicant. Iqbal Afridi for Respondent. ORDER This is an application under section 34 of the Industrial Relations Ordinance, 1969, in connection with the demands made by the Pakistan Machine Tool Factory Labour Union, against the Pakistan Machine Toll Factory, as an industrial dispute. 2. The facts of this case, are as under: 3. The petitioner is the registered trade union of the workmen of Pakistan Machine Tool Factory, Karachi and is also the Collective Bargaining Agent. 4. The respondent is a factory and the limited concern, under the heavy engineering machine too: corporation, with 2,300 workers on its pay roll. 5. Both the management and the union, executed the document of settlement on 23-11-1982, to have effect from 23-3-1982, for a period of two years, and it was a mutual agreement., 6. It appeared that the respondent did not comply with the terms and conditions of the settlement and now the union has come to this Court for seeking award. 7. With regard to demand No. $ of the charter of demands, it was agreed,' that, the management shall deduct Rs.2 per month, from the wages of every worker for the housing fund scheme, and the management shall contribute an equal amount in the fund. But the management has taken no steps. 8. The reply of the management is, that, the respondent is not against the implementation of the agreement, toward the deduction of Rs.2 per month, from the wages of every worker, in the Housing Fund Scheme, but section 7 of the Payment of Wages Act, creates legal bar. Even otherwise, sufficient number of workers have opposed such deduction of the wages and, therefore, the settlement cannot supersede the prevailing law. 9. In respect of the demand No. 8,' the settlement was for the payment of overtime in accordance with…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492