Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--S. 51---Constitution of Pakistan (1973), Art.185(3)---Payment of wages--­Petitioners claimed wages in accordance with "first settlement" entered into between respondent and Collective Bargaining Agent---By that time "second settlement" was entered into between respondent and Collective Bargaining Agent---Petitioners claim that they were entitled to payment of wages in accordance with "First Settlement" which was granted by Labour Court and confirmed by Labour Appellate Tribunal---High Court in Constitutional jurisdiction remanded the case for consideration in accordance with "Second Settlement"---Leave to appeal---Settlement between the Employer and Collective Bargaining Agent remains operative for the period mentioned in the Settlement or in the absence of any agreed period, for the period provided under relevant law---Second Settlement having been entered between the parties, Labour Forums should have taken into consideration effect of the same on the petitioners' claim---High Court's decision was thus, on correct lines---Leave was refused in circumstances. ORDER AJMAL MIAN, J: --By this common order, we intend to dispose of the above two petitions, whereby leave to appeal is sought against a common judgment dated 18-12-1988, passed in Writ Petition No. 30 of 1985 (filed by the respondent against the petitioner in the above first petition) and followed in Writ Petition No. 31 of 1985 filed by the petitioner in the above second petition against the respondent. 2. The brief facts are that both the above petitioners were working in T.I.P. Haripur (Hazara) factory belonging to the respondent in the Rack Assembly Shop No. 336 as piece rated workers. They were transferred to Shop No. 335 with effect from 12-3-1978 on account of shortage of work in the former shop in their own interest. It appears that after the above transfer the petitioners were paid their wages as per Shop No. 335 instead of paying the same as per Shop No. 336 which were more than what were payable in Shop No. 335. The petitioners agitated the above question before the respondent, when they did not get any redress they filed cases before the Labour…

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