Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 49(3) & 50--Settlement--Interpretation--Reference for--Presentation before Labour Appellate Tribunal--Restriction regarding presentation of grievance petition provided in S. 25-A(1) not applicable to reference for interpretation of settlement--Representation of parties by legal practitioner in industrial dispute is permissible with permission of Court--Reference presented by Advocate accepted and admitted by Tribunal would amount to implied permission. Syed Muhammad Hussain v. Messrs Pakistan Tobacco Co. Ltd. and another P L D 1980 S C 80 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 34, 40(2) & 50--Settlement--Interpretation of--Settlement clause sought to be interpreted already clear and unambiguous--Question involved whether any workman claimed relief under such clause of settlement even after expiry of operative period of settlement--Matter depending upon facts as to whether after expiry of such period parties had acted upon settlement clause and also upon interpretation of S. 40(2) thus involving mixed questions of law and facts--Held: Proper forum to decide such mixed questions of law and facts would be Labour Court when workmen seek relief and redress of grievance under S. 25­A or if C.B.A. seeks enforcement of requisite clause of settlement under S.34 and (ii) mixed questions of law and facts could not be made subject-matter of application under S. 50 and were not maintainable. 1975 P L C 635; 1975 P L C 743; Alpha Insurance Employees Union v. Alpha Insurance Co. Ltd. 1978 P L C 367 and 1975 S C M R 485 rel. DECISION This is a reference under section 50 of the Industrial Relations Ordinance, 1969 (hereinafter called Ordinance), by applicants, Messrs United Paints (Pv1.) Limited, Karachi. 2. The applicants had entered into a settlement on 17-4-1986.' with the respondent who is the Collective Bargaining Agent for the workmen employed by the applicants. This settlement was effective from 1-1-1986 to 31-12-1987. Clause V(A) of this settlement provided as under:-- "V. Provident Fund and Gratuity: (A) The !management pointed out that the existing…

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