Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A(l0)--Grievance petition--Common grievance petition made jointly is maintainable regarding monetary entitlement--Statutory limitation period, however could not be dispensed with--Individuals who had lost right by expiry of statutory limitation period, held, could not plead common cause of grievance by invoking subsection (10) of S. 25-A. (b) Employees Cost of Living (Relief) Act, 1973 (1 of 1974)-- ---Ss. 3(6)(7) & 7 as amended vide Employees' Cost of Living Relief Amendment Act (XXVI of 1977) and Employees' Cost of Living (Relief Amendment Act (XIV of 1985))--Calculation of 13.5% increase in wages from 1­7-1985 and by 18% from 1-7-1980,, whether to be based on basic pay--Labour Court taking judicial notice of clarification contained in Finance Division's Notification regarding Employees Cost of Living (Relief) Amendment Act, 1985 that (1) cost of living allowance payable under subsections (1) to (5) of S. 3 would not be taken into account for purpose of calculating increase in wages @ 13.5% and (ii) set-off had been allowed in respect of amounts granted under agreement effective on or after 1-1-1984--Contention that "wages" included basic pay ant: cost of living allowance already allowed, repelled--Held: Cost of living allowed after 1-8-1973 being not part of wages could not be taken into account for purpose of allowance increase @ 13.5% from 1-7-1985, or by 18% from 1-7-1986. Messrs Kashmir Corner v. Social Security Institution P L D 1975 Kar. 36 ref. ORDER Mr. Woor Muhammad and others, who arc referred in the joint petition. in their brief prayer have sought the Court's indulgence to adjudicate and determine an Industrial Dispute which they term as the common grievance arising out of secured right under the law. 2. The petitioners/applicants, in their application under section 25-A(10), I.R.O. have given their various designations namely the loaders, coolies, jobbers, machine men and operators with their different card numbers, to claim that the respondent management, is paying less amount of increase in wages to the applicants/petitioners on the following facts explained which is also the…

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