Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- --S.O. 10-C--Industrial Relations Ordinance (.mil of 1969), S. 50--Reference of shatter to Labour Appellate Tribunal by High Court--No period for making such reference provided for--Delay in filing application by respondent for reference of matter to Labour Appellate Tribunal--Effect--High Court on application of respondent hail made reference to Labour Appellate Tribunal in exercise of Constitutional jurisdiction--Order of reference was upheld by Division Bench of High Court---.Such order having obtained finality could not challenged in Constitutional jurisdiction of high Court--Petitioner's plea that matter referred Tribunal had become tine-barred arid a:, such same was illegal, was devoid of any force as no period for making such reference had been provided for. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -­---S.O. 10-C--Profit bonus and production bonus--Past practice, ascertaining of--No evidence produced by petitioner before Tribunal--Effect of settlement on previous practice of giving profit bonus--Tribunal had dilated upon aspects of profit bonus and production bonus exhaustively--Petitioner was previously paying bonus on basis of profits earning but such practice and agreement for grant o bonus had been deviated from in settlement between parties--Where deliberate departure from previous practice and agreement in subsequent settlement existed previous practice could not have been taken into account by Labour Appellate Tribunal--Petitioner as per settlement could not refuse payment of bonus on basis of production even if establishment had suffered loss for the claimed period as payment of bonus was not linked with earning of profits under terms of settlement. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 10-C--Constitution of Pakistan (1973), Art. 199--Bonus on profit and bonus on production--Entitlement to--Settlement between parties envisaged that bonus was to be payable on production--Labour Appellate Tribunal had rightly concluded that contesting…

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