| Citation(s) |
|---|
| 1993 SLG 1531 1993 SLD 1531 1993 PLC 838 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-308 of 1987, decided on 16th May, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-308 of 1987, decided on 16th May, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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HABIBUR REHMAN and 11 others
VS
Messrs SANDOZ (PAK.) LTD., HYDERABAD
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A---GriCvance petition---Limitation---Law does not help the indolent---Grievance notice served about two years after cause of action--Petition based upon such notice, held, rightly dismissed as time-barred. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Enforcement of right secured under settlement---Petitioners claiming facility of weekly holidays on Saturdays instead of Thursdays--Settlement providing such facility on Saturdays since expired about four years ago and clause of holidays on Saturdays not protected in subsequent settlements---Weekly holidays stopped by Management under subsequent settlement about 2 years ago and workers never agitated against such action--Petitioners, in circumstances, after lapse of 2 years period, held, were barred from claiming that observance of weekly holidays on Saturdays was their secured right for invoking jurisdiction of Labour Court under S.25-A. S. Fasahat Hussain Rizvi for Appellants. Muhammad Humayoon for Respondent Date of hearing: 31st March, 1988. DECISION This is an appeal, jointly filed by 12 appellants, against a common impugned order, dated 23-8-1987, passed by the Sindh Labour Court No. VI at Hyderabad, who had dismissed 3 applications under section 25-A, I.R.O., 1969, separately filed by 3 sets of the appellants. 2. Briefly stated the facts of the case were that all the appellants claimed to be the workmen of the respondent establishment, therefore, their service rights were guaranteed and secured under the provisions of the Labour Laws, Factories Act, Payment of Wages Act, Workmen's Compensation Act and the settlements, arrived at between the workers and the management, from time to time. Further, it was claimed by the appellants that they were also the members of Sandoz (Pak.) Employees Union which was the Collective Bargaining Agent. Therefore, on 21-5-1980, a settlement was arrived at between the parties on a Demand No. 9(b) by virtue of which it was agreed that the factory would observe its weekly closed holiday on Saturdays instead of Thursdays with effect from 31-5-1980, and this term was protected in all subsequent…
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