Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 34 & 25-A--Grievance regarding enforcement of guaranteed or secured right of individual workman--Application of Collective Bargaining Agent under S.34 agitating cause of some of individual workmen, held, was not maintainable--Order of Labour Court allowing application of respondent union under S.34 was set aside. Messrs Shamsi Cloth and General Mills Ltd. v. Shamsi Cloth and General Mills Ltd. Workers' Union Appeal No. KAR-54 of 1984 and 1984 P L C 1359 ref. Abdul Hafeez for Appellant. Ali Amjad for Respondent. Date of hearing: 27th July, 1986. DECISION This is an appeal filed by the appellant Management of Messrs Pakistan Cables Limited, Karachi, against an impugned order, dated 28th April, 1983, passed by the IInd Sind Labour Court, Karachi, on an application under section 34I I.R.O. 1969 of the respondent union. 2. The facts of the case are that an application under section 34 of the Industrial Relations Ordinance, 1969, was submitted by the Collective Bargaining Agent, the respondent herein, for seeking direction of the Labour Court to the appellant Management for enforcement of the rights guaranteed /secured under section 47 of the Factories Act, to the workmen belonging to the appellant Management for getting wages in respect of the overtime work that they performed beyond 9 hours a day and 48 hours a week, in the establishment of the appellant at the rate of twice their respective ordinary rate of pay with which the workers are being regularly deprived by the appellant Management. That in view of the dispute between the appellant Management, and the respondent Collective Bargaining Agent regarding the payment of overtime work performed generally by the workmen in the establishment, conciliation talks had taken place wherein it had been agreed on 7-2-1981, by the parties to the effect that this Tribunal be approached for obtaining interpretation in the matter and following the decision, the appellant Management shall pay the difference, if any. That, subsequently, having realized that as no interpretation of any provision of a settlement was involved in the matter, therefore, it was agreed that…

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