Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 2(xxviii),51,S.O.1(b)

Industrial Relations Ordinance (XXIU of 1969) Ss. 2(xxviii) & 51 West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.1(b) Permanent workman Application filed by employee under S.51, Industrial Relations Ordinance, 1969 for recovery of balance amount on account of Golden Hand Shake Scheme, was resisted by employer alleging that employee being employed on contract basis was not a workman and could not invoke jurisdiction of Labour Court Employee though initially was employed on contract basis, but his services were extended from time to tine and later on he was appointed on regular basis and was confirmed as such and he served for more than twelve years without any break Employee, in circumstances, had attained status of a permanent workman and was entitled to receive disputed amount under agreement. JUDGMENT This appeal is directed against the order; dated 5 11 1998, passed by the learned Presiding Officer, Labour Court, Haripur, whereby the application of the respondent under section 51 of Industrial Relations Ordinance, 1969 (hereinafter to be called the Ordinance), was accepted and appellant was ordered to pay an amount of Rs.75,000 to the respondent within one month. 2. Concise facts It the background for the institution of this appeal are that the respondent was appointed as Assistant Foreman in the Mechanical Department in the appellants establishment on contract basis for a period of one year vide Letter No.PCFL/Adorn/Persl./84, dated 13th August, 1984, which period was extended from time to time up to 31 1 1993, thereafter, he was appointed on the post vide Letter No.PCFL/GS/IR/93/1148, dated 13 2 1993 and on his successful completion of probationary period, confirmed, w.e.f. 1 5 1993, he served the appellant establishment for more than 12 years without any break. On 21 8 1995, a Memorandum of Settlement was executed between the management and the Labour Union (CBA) whereby besides other items it was agreed upon vide clause XVI that if retrenchment is made, the workmen will be given Golden Hand Shake on reasonable formula agreed mutually between the management and the C.B.A. A formula for Golden Hand Shake…

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