Law:

Section:

(a) Industrial dispute-- ---Settlement--Publication of--Not necessary. (b) Industrial dispute-- --- Settlement--Challenge against--Curtailment of any legal right of workers is not a cogent ground for challenge. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2 (xiii), 26 & 39--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 11-A-­Settlement--Closing mills under Settlement--Pre-requisite for a settlement--Existence of industrial dispute relating to employment, non-employment terms of employment or conditions of work of employees--Settlement arrived at between employer and Workers Union (C.B.A.) for closing mills in connection with dispute with a third party without any dispute between employer and employees is neither recognised by law nor binding upon workers--Proper course in circumstances, held, would be to seek permission of Labour Court under S.O. 11-A. Sami Hayat for Appellant. Zafar Malik for Respondents. Date of hearing: 14th January, 1986. JUDGMENT The seven appeals captioned above arise from the decisions, dated 84-1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the grievance petitions of Taj Muhammad, Rao-e-Dad Khan, Murad Ali and Bashir Ahmad (hereinafter to be called as the respondents Nos. 1, 2, 3 and 4 respectively) were accepted and they were directed to be re-instated in service. Respondents Nos. 1 to 3 have in their appeals claimed back benefits, whereas Okara Textiles Limited (hereinafter to be described as the appellant) has challenged the direction of re-instatement of all the respondents. As common questions of fact and law are involved in the seven appeals, they are being disposed of together through this single judgment. 2. On 2-5-1982 the Mills were closed on account of a dispute with Enemy Property Board. A settlement was arrived at between the management and C.B.A. copy of which is Exh.R.3, according to which, certain benefits were agreed to be paid and for nine months the Mills was to remain closed. It was also inter alia agreed that the management would be the sole judge to determine the number of employees…

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