Case Details

Citation(s)
1961 SLG 310 1961 SLD 310 1961 PLD 329
Supreme Court of Pakistan
Civil Appeal No. 38-D of 1959, decided on 17th May 1961.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
M. Fazlur Rahman Senior Advocate Supreme Court (S. M. Hussain Advocate Supreme Court and M. J. Jafar Advocate High Court of East Pakistan under rule 5, Order IV, Supreme Court Rules, 1956 with him) instructed by Naim-ud-Din Ahmad Attorney for Appellant.

KARNAPHULLY PAPER MILLS LTD.--Appellant

VS

KARNAPHULLY PAPER MILLS WORKERSUNION AND others--Respondents

Law:

Section:

(a) Industrial dispute----- ---- Award-Ordering re-instatement of persons not included in charter of demands-Ultra vires. (b) Industrial Disputes Act (XIV of 1947)----- ----S. 10-Reference by Government-Reference of "general" industrial dispute without specifications of issues-Not always bad. Held, that action by a Government referring a "general" industrial dispute to a Tribunal cannot be approved, but in a case where it may be presumed that although the order was made in that form without specification of issues, the Government were in fact apprised of the points of difference which had given rise to the industrial dispute, there the reference need not be avoided, especially where the parties have submitted to it and having duly presented their cases before the Tribunal have gone further and accepted a number of the Tribunal's decisions. Pakistan Match Company 1960 P L C 205=P L D 1959 S C 337. ref. (c) Industrial dispute----- ----Forest allowance-Demand for allowance to all Forest workers of Mills-Award ordering an elaborate disturbance of pay structure in allowing demand-Order, held, uncalled for-Allowance of an equal amount ordered in case of all workers. (d) Industrial dispute----- -----Pay-scale-Increase by Tribunal with­out adducing reasons-Set aside-Tribunal not in position to "give bounty out of goodness of heart." (e) Industrial dispute------ -----Temporary workers-Made permanent in graded scale of pay-Monthly pay, of lesser amount than what could be worked out by multiplying their daily wage as temporary worker by 30 -Scale accepted by workers-Tribunal's award granting 30 times daily wage as pay-Set aside. (f) Industrial dispute------ ----Re-instatement-Of worker discharged, two years before dispute referred to Tribunal, for misbehaviour­--No "nexus" between discharge and dispute referred-Tribunal's order re-instating worker for omitting to serve charge-sheet before discharge-Set aside-[Pakistan Match Company 1960 P L C 205= P L D 1959 S C 337 ref.] (g) Industrial dispute---- -----Discharge-Worker not found guilty on inquiry may yet be discharged in terns of employment (on payment of one month's pay in lieu of notice)-Private employment Relation of…
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