| Citation(s) |
|---|
| 1994 SLG 567 1994 SLD 567 1994 PLC 182 |
Quetta High Court
Constitutional Petition No. 459 of 1993, decision dated: 23rd December, 1993.
AMIRULMULK MENGAL AND IFTIKHAR MUHAMMAD CH., JJ
Riaz Hussain Baloch for Petitioner. Yakub Khan Yousufzai, A: G. for
Respondent No.1. S.M. Yaqoob for
Respondent No.2.
Constitutional Petition No. 459 of 1993, decision dated: 23rd December, 1993.
AMIRULMULK MENGAL AND IFTIKHAR MUHAMMAD CH., JJ
Riaz Hussain Baloch for Petitioner. Yakub Khan Yousufzai, A: G. for
Respondent No.1. S.M. Yaqoob for
Respondent No.2.
AGRIAUTO PROGRESSIVE LABOUR UNION, (C.BA.), KARACHI
VS
CHAIRMAN, LABOUR APPELLATE TRIBUNAL, BALOCHISTAN AT QUETTA and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)S. 50Balochistan Employees Special Allowance Act (V of 1992), Ss. 3, 4 & 6Interpretation of settlement and awardsSpecial allowanceEntitlementSettlement was arrived at between employers and employees' union to the effect that if any increase in pay or allowance would be granted by Government to employees after execution of that settlement, such increase would be setoff and balance if any, would be paid to employeesAfter execution of settlement between parties, Provincial Government allowed Rs.200 per month as special allowance to employees having wages up to Rs.2,500After grant of special allowance under Balochistan Employees Special Allowance Act, 1992 and after expiry of settlement between parties, employees'. union filed application under S. 50 of the Industrial Relations Ordinance, 1969 for interpretation of settlement between parties, which had since expired which application was dismissed by TribunalApplication filed by union was rightly dismissed in view of the fact that Tribunal had jurisdiction to interpret such settlement or, award if any difficulty or doubt arose between parties which settlement or award was in existence, but not that settlement which had already lost its lifeClaim of employees' union, in fact, was concerned with enforcement of rights guaranteed under Balochistan Employees Special Allowance Act, 1992 which claim did not fall within the domain of TribunalEmployees union conveniently could have enforced such guaranteed rights by invoking provisions of S.6, Balochistan Employees Special Allowance Act, 1992 which had provided machinery for recovery of special allowance granted to employees. JUDGMENT IFTIKHAR MUHAMMAD CH., J.Precisely stating the facts of the case are that on 20th March, 1993 Agri Auto Progressive Labour Union (C.BA.)/Petitioner submitted an application before the Labour Appellate Tribunal, Balochistan in terms of section 50 of the. Industrial Relations Ordinance, 1969 for the interpretation of para. 4 out of the clause relating to confirmation/assurance of objects by the Union/CBA, of the settlement dated 491990, which reads as under: The application was contested by the…
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