Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Recovery of money due from employer---Before any Court or Tribunal acted under S. 51, it was imperative that there should be no dispute as to entitlement of applicant to recovery of money, but amount in respect of which proceedings could be initiated under S. 51 must be a determined amount there was a dispute in respect of entitlement of such amount or amount was not determined, it could not be recovered under S. 51. (b) Newspapers Employees (Conditions of Service) Act (LVIII of 1973)--- ----Ss. 12-A & 13---Powers of Tribunal---Dispute existed between employees and employers in regard to entitlement of employees to amount claimed by them---Implementation Tribunal duly constituted under S. 12-A having not been vested with any powers of adjudication m regard. to individual disputes, was not empowered to pass order in favour of employees according to which employees were found entitled to arrears for which there was dispute between parties---Implementation Tribunal could exercise only such powers which had been conferred upon it under the Act and it could not assume powers which had not been conferred upon it by that Act. Muhammad Humayun for Petitioner. Nemo for Respondents. AA. Mohammadally, Addl. A: G. (on Court Notice). Date of hearing: 11th January, 1993. JUDGMENT MAMOON KAZI, J.---M/s. Matri Publications Limited, Karachi have filed these three petitions challenging the common judgment of the learned Implementation Tribunal for Newspapers Employees, dated 4-2-1988. The three respondents, namely, Zahid Hussain, Haider Imam and Shamsul Huda Ansari instituted proceedings before the learned Tribunal contending that on 14-4-1985, they were drawing basic pay of Rs.1,250 in Grade-III together with Dearness Allowance of Rs.100 per month under the Third Wage Board Award. The management, i.e. the petitioner, while purporting to implement the directions contained in para. 46(i) of the fitment formula of the Fourth Wage Board Award had merged the existing pay and Dearness Allowance admissible under the Third Wage Board Award into one sum called the aggregate which worked out to Rs.1,350. According to…

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