| Citation(s) |
|---|
| 1991 SLG 1955 1991 SLD 1955 1991 PLC 862 |
Labour Appellate Tribunal, Sindh
Revision Application No. KAR-191 of 1991, decided on 26th May, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Revision Application No. KAR-191 of 1991, decided on 26th May, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Messrs ZEAL PAK CEMENT FACTORY LTD.
VS
AIJAZ AHMAD and 51 others Messrs ZEAL PAK CEMENT FACTORY LTD. vs AIJAZ AHMAD and 51 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Preamble, Ss. 25-A(10) & 51---Ordinance being welfare Legislation for benefit of workmen had to be interpreted liberally and favourably to workmen---In absence of any legal provision or any authority against filing of joint grievance application by workmen under S. 51 of Ordinance, objection raised by establishment that workmen could not file collective application, was rejected. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Collective Bargaining Agent, its objects and functions---Purpose of Labour Laws and creation of Collective Bargaining Agent under such laws, was to get wages and working conditions of labourers improved through negotiations with employer---It would be against spirit of law and purpose of establishment of Collective Bargaining Agent if Bargaining Agent agreed to deprive a section of workmen of benefits without their consent. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22, 39(1)(d) & 51---Collective Bargaining Agent---Establishment and function of---Agreement, applicability of---Collective Bargaining Agent Union of Establishment had raised certain demands by way of industrial dispute which demands were settled by an agreement signed by C.BA. Unions and Establishment, which was effective from 1-1-1988---Workers who remained in service upto September, 1988 claimed determination and payment of difference between wages paid to them after they left service and wages and other allowances as fixed under agreement in question---Under agreement benefits having been granted to workmen from 1-1-1988 when they were in service upto September, 1988, they were entitled to receive the same under that agreement--When Collective Bargaining Agent had raised industrial dispute and had negotiated settlement it was representing workmen of Establishment also with which agreement was made by C.BA.---By impliedly agreeing that settlement would not be applicable to workmen without their consent, C.BA would be causing injury and loss to workmen. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 35 & 38---Court could not grant relief, which was not…
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