| Citation(s) |
|---|
| 1964 SLG 554 1964 SLD 554 1964 PLC 197 |
Sindh High Court
Appeal No. 35 of 1963, 6th February, 1964
WAHIDUDDIN AHMED, J
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Appeal No. 35 of 1963, 6th February, 1964
WAHIDUDDIN AHMED, J
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Messrs Pakistan Tobacco Co. Ltd.
VS
Pak Cigarette Labour Union And Others
Law:
Section:
Keywords: Guilty, Impugned Order, Commercial Employment, Evidence, Grounds, Principle Of Res Judicata, Office, Objections, Payment, Order, Government, Material Facts, Consideration, In Lieu, Maintain, Leave, Intervention, Determination, Master And Servant, Reasonable Cause, Grievance, Failure, Dispute, Orders, Certificate, Res Judicata, Appointment, Time Limit, Provisions, Period, Termination Of Service, Management, Payment Of Salary, Dispense With, Change, Restrictions, Publication, Plea, Manager, Termination Of Service, Satisfaction, Estoppel Against Statute, Suspension, Disposal, Bona Fide, Set Aside, Proceedings, Obligation, Salary In Lieu Of Notice, Returns, Representative, Procedure, Order Of Dismissal, Notice, Parties, Costs, Binding JUDGMENT This is an appeal against the award of the West Pakistan Industrial Court, Karachi dated 11th April 1963, published in the Gazette of West Pakistan, Extraordinary, dated 20th April 1963, and Gazette of West Pakistan dated 6th August 1963, in respect of Demands Nos. 1, 3 (d\ 4 (d), 9 (a), 9 (b), 10 (6), 27, 29 (a) and 30 (b) of the award. By an application dated 13th September 1963, the parties entered into a compromise and approached this Court for amending the award in respect of Demands Nos. 1, 2, 3 (d), 4 (and 30 (b). The compromise was accepted by the parties and was recorded accordingly. In view of the compromise, the award of the Tribunal dated 6th August 1963, is superseded in respect of the points on which the parties have arrived at a settlement and the terms of the compromise on these points will become effective and binding on the parties. 2. Wahiduddin, /It was agreed by the parties that the only dispute which requires determination in this appeal is in respect of Demands Nos. 27 and 29 (a) which are as under :- ' (a) Demand No. 21 : "The Company shall reinstate Messrs Abdul Aziz, Section- man . . . with full benefits." (b) Demand No. 29 (a) : "The Company shall reinstate Messrs Khan Mohammad T. No. 1121........... with benefits " On the above-mentioned dispute the learned Industrial Court set aside the order of dismissal of Sectionman Abdul Aziz and reinstated him with effect from the date of the award…
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