| Citation(s) |
|---|
| 1966 SLG 65 1966 SLD 65 1966 PLD 498 |
Supreme Court of Pakistan
Civil Appeal No. 37 of 1964, decision dated: 10th February 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Bashir Ahmad Senior Advocate, Supreme Court (Ihsanul Haq Advocate, Supreme Court with him) instructed by Amjad Hussain, Senior Attorney for Appellant. Ahmad Said Kirmani Advocate, Supreme Court instructed by Md. Mehdi Anwar Attorney for Juris Consults, A
Civil Appeal No. 37 of 1964, decision dated: 10th February 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Bashir Ahmad Senior Advocate, Supreme Court (Ihsanul Haq Advocate, Supreme Court with him) instructed by Amjad Hussain, Senior Attorney for Appellant. Ahmad Said Kirmani Advocate, Supreme Court instructed by Md. Mehdi Anwar Attorney for Juris Consults, A
BANNU WOOLLEN MILLS
VS
(1) CHAIRMAN, INDUSTRIAL. COURT, WEST PAKISTAN, LAHORE, (2) SECRETARY, HEALTH AND LABOUR DEPARTMENT, GOVERNMENT OF WEST PAKISTAN, LAHORE AND (3) BANNU WOOLLEN MILLS WORKERS UNION, THROUGH ITS SECRETARY Nos. 1 and 2 Ex parte.
Law:
Section:
(a) Industrial Disputes Ordinance (LVI of 1959), S. 12Award-Demand relating to setting up of a "co-operative store "Rejected, but Court directing supply to workers of wheat "at subsidized rates"-Two reliefs "entirely different"-Award, held, not sustainable. (b) Industrial Disputes Ordinance (L VI of 1959), S. 12-Award extending Provident Fund Scheme to non-monthly-paid workers Extension, of a permanent obligation, involved in such scheme, to a fluctuating body of workers not approved-Award set aside[Industrial and Commercial Employment (Standing Orders) Ordinance (III of 1960), S. O. 12]-Rational basis of differentiation exists between monthly paid workers and others. (c) Gratuity-Awarded on top of Provident Fund --Scheme Award, held, "arbitrary", where employer's balance-sheets did not show "inordinately large profits"-[Quetta Electric Supply Co. Workers' Union v. The Quetta Electric Supply Co. .1961 P L C 1247 ref.]. (d) Medical facilities-Demand for "extensive" facilities for all categories of workers, viz., weekly paid, daily paid, piece-rate and casual-Logical basis for differentiation between such workers and monthly paid workers-Award extending such facilities to such workers, held, "wholly irrational" and "based on no principle at all". (e) Industrial Disputes Ordinance (LYI of 1959), S. 10---Functions of Industrial Court-Court a functionary exercising `judicial powers" though not confined strictly within limits of Civil Procedure Code (V of 1908) or Evidence Act (l of 1872)Duty to adjudicate between rights and liabilities in "judicious manner" after applying its mind to relevant material brought on record and law applicable-Court cannot on "mere conjecture and its own peculiar ideas of social justice"-[Vide Dalmia Cement Ltd. v. Dalmi a' Cement Factory Workers' Union and others P L D 1958 S C (Pak.) 153; Sui Gas Transmission Co. Ltd. v. The Islamic Republic of Pakistan and others P L D 1959 S C (Pak.) 66 and Muhammad Jamil v. Chairman, Industrial Court, West Pakistan P L D 1964 S C 359 ref.] JUDGMENT HAMOODUR RAHMAN, J.-This appeal by the Bannu Woollen Mills has been filed with the special leave of this Court against an award of the Industrial…
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