| Citation(s) |
|---|
| 1961 SLG 313 1961 SLD 313 1961 PLD 383 |
Supreme Court of Pakistan
Civil Appeal No. 35-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 (E. F. Aragon Advocate Supreme Court with him) instructed by Naim-ud-Din Ahmad Attorney for Appellants. Hamidul Haq Chowdhury and M. H. Khundhkar Senior Advocates Supreme Court (Mozammal Huq Advocate Supreme
Civil Appeal No. 35-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 (E. F. Aragon Advocate Supreme Court with him) instructed by Naim-ud-Din Ahmad Attorney for Appellants. Hamidul Haq Chowdhury and M. H. Khundhkar Senior Advocates Supreme Court (Mozammal Huq Advocate Supreme
(1) NATIONAL AND GRINDLAYS BANK LIMITED CHITTAGONG, (2) THE CHARTERED BANK, CHITTAGONG, (3) MERCANTILE BANK LIMITED, CHITTAGONG, (4) LLOYDS BANK LIMITED, CHITTAGONG AND (5) EASTERN BANK LIMITED, CHITTAGONG --Appellants
VS
(1) THE EAST PAKISTAN BANK
Law:
Section:
(a) Industrial Disputes Act (XIV of 1947)------- ----S. 10-Reference of "general industrial dispute" to Tribunal without stating points jot adjudication-Not bad provided Government had applied its mind to nature of dispute -Employers acquiescence in proceedings before Tribunal and acceptance of some of Tribunal's decisions against their own interest-Factors against reference being held as wholly bad [Pakistan Match Company Limited P L D 1959 S C 337 distinguished]. (b) Industrial dispute----- ----House allowance-Tribunal's decision guided mainly by sympathetic speculation with practically no evidence-Set aside. (c) Industrial dispute------ ----Medical facilities-Employer choosing fixed money value (Rs. 2.25) for each employee-Tribunal deciding upon elaborate scheme of medical relief, within monetary limits suggested by employer-Tribunal's scheme preferred. (d) Industrial dispute------- ----Working hours-Bank-"Staggering" allowed as a "necessity" for banks-Total number of hours per week not to be varied. (e) Industrial dispute---- --- -"Non-employment" explained-Dismissals in consequence of and after strike resorted to by workers five years before and not related to dispute before Tribunal--Dismissals, held, not covered by term "non-employment"-Re-instatements set aside-Industrial Dispute Act (XIV of 1947), S. 10. The expression "non-employment" is, to say the least, a peculiar expression in a legal context, although it might be accepted as appropriate in a philosophic disquisition. The expression has to be given a restricted meaning, and one of the restrictions must be that non-employment mast be regarded as a condition following upon a state of employment, and that such non employment must be the result of incidents or actions which are matters falling within the definition of an industrial dispute. Thus for instance, if by change in a system of working which has been resisted by the workers, the employers succeeds in making a number of the employees surplus to his requirement, and dispenses with their service as redundant, a case would arise where persons who had been employed became non-employed in consequence of an action which was the subject of a…
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