Case Details

Citation(s)
1989 SLG 1654 1989 SLD 1654 1989 PLC 929
Sindh High Court
Constitutional Petition No. D-1811 of 1982, decided on 21st November, 1988.
AJMAL MIAN, C.J. AND ABDUL RAHIM KAZI, J
Ch. Rashid Ahmed for Petitioner. Mile Ghani Khan for
Respondent No. 2.

SINGER INDUSTRIAL LABOUR UNION

VS

SIND LABOUR APPELLATE TRIBUNAL and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 50--Employees' Cost of Living (Relief) Act, 1973 (I of 1974), S. 3(5)-­Interpretation of settlement adjustment of increase in wages-Settlement provided that the increase in wages was on account of increase in the cost of lip in--Cost of Living Allowance of Rs.40 payable under Ordinance of 1980 would not be set off against the said increase--Settlement also provided that the increase the wages was on account of inter alia, increase in the east of living--Provisions of Act of 1973, were substantially complied with--Order of Appellate Tribunal, held, was in consonance with legal position--Constitutional petition having no merit was dismissed. R.B. Industries Ltd. v. Employees' Welfare Union and another P L D 1983 S C 15 ref. JUDGEMENT AJMAL MIAN, C.J.--This petition is directed against the order dated 4-2-1982, passed by learned Sind Labour Appellate Tribunal, upon respondent No. 2's application, under section 50 of the I.R.O., for interpretation of the settlement dated 19-4-1981, w.e.f. 1-1-1981, for a period of two years. It may be observed that the above impugned order in fact had disposed of four applications under section 50 of the 1.R.0., fled by four different companies. The brief facts leading to the filing of the above petition are (hat the petitioner and respondent 2 entered into the above settlement dated 19-4-1981 (hereinafter referred to as the settlement), -whereby, workmen were given certain benefit including increase in wages. Upon enactment of subsection (5) of section 3 of the Employees' Cost of Living (Relief) Act, 1973, (hereinafter referred to as the Act), the respondent 2 filed the aforesaid application for interpretation. The learned Sind Labour Appellate Tribunal, by the impugned order in relation to the petitioner has held that the payment made under the settlement on account of increase in the wages is liable to be adjusted under above subsection (5) of section 3 of the Act. The petitioner being aggrieved by the above order has filed the present petition. In support of the above petition, Mr. Chaudhary Rashid Ahmed, learned counsel for the petitioner, has vehemently urged that the…
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