Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1960-- ----Ss.25-A & 34---Companies Profit (Workers' Participation) Act (XII of 1968), S.5---Enforcement of worker's rights---Collective Bargaining Agent could apply to Labour Court under S.34 of Industrial Relations Ordinance, 1969, for enforcement of any right guaranteed or secured to workman by or under any law or any award or settlement and not given to workman---Rights guaranteed or secured to a workman under any law or any award or settlement have to be enforced in accordance with provisions of S.25-A when Collective Bargaining Agent could not have collective bargaining for enforcement of any rights guaranteed or secured to a workman by or under any law other than Industrial Relations Ordinance---Such rights of workman have to be enforced in accordance with provision of S.25-A and not under S. 34 of Industrial Relations Ordinance---Appeal filed by Collective Bargaining Agent under S. 34 of Ordinance was dismissed by Labour Court---Order of Labour Court was set aside---Held, appellant had every right to file application under S.34 of Ordinance provided employer was an industrial undertaking---Case was remanded to Labour Court for deciding issue as to whether respondent was an industrial undertaking. Chamber of Commerce and Industry, Karachi v. Presiding Officer, Sindh Labour Court No. III and another 1979 PLC 178 ref. Rice Export Corporation of Pakistan Ltd. v. Sindh Labour Appellate Tribunal and 2 others 1983 PLC 1116 distinguished. Karachi Pipe Mills Ltd. v. Sindh Labour Appellate Tribunal and 2 others 1984 PLC 1359 and 1986 SCMR 1010 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Companies Profit (Workers' Participation) Act (XIII of 1968), S.5---Board of Trustees---Establishment of Participation Fund workers nomination to---Right to nominate workers on Board of Trustees automatically accrues to C.B.A. on establishment of Participation Fund---Establishment of such Fund, was mandatory for any company or industrial undertaking--­Dispute relating to establishment of a worker's participation fund was thus an industrial dispute. Messrs Pakistan Burmah Shell Ltd. v. Wazir Ahmed and…

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