Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 50---Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 6--­Interpretation of settlement---Jurisdiction of Labour Courts---Employment covered by Pakistan Essential Services (Maintenance) Act, 1952---Settlement enforced as directions by Authority under S. 6 of Pakistan Essential Services (Maintenance) Act, 1952---Labour Appellate Tribunal has no jurisdiction for interpretation of such settlement and application under S. 50 of Industrial Relations Ordinance, 1969 is not maintainable. PLD 1982 S C 113 re1. 1985 P L C 957; 1988 P L C 25 and 1987 P L C 386 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 50---Interpretation of settlement ---Laches---Effect---"Law helps the vigilant and not the indolent"---Application for interpretation filed 8/9 months after expiry of settlement---Plea that application patently suffered from serious laches and delay upheld. 1982 S C M R 912 and 1989 P L C 163rel. Ch. Rasheed Ahmad and Latif Saghar for Applicant. Muhammad Humayoon for Respondents. Date of hearing: 25th September, 1988. DECISION This is an application under section 50 of the Industrial Relations Ordinance, 1969, filed by the applicants union, namely, Caltex Employees Union, Karachi, seeking an interpretation of clauses 9(c) and 45 of a settlement, executed on 10-11-1983, to be effective from 1-1-1983 for a period of 3 years. 2. It is the case of the applicant union that vide the settlement, it was agreed upon between the parties that the Cost of Living Allowance equal to Rs.35 would be payable since August, 1973 to those workers whose wages at the relevant time do not exceed Rs.700 and such benefits allowed for 3 years together were withdrawn by the respondent management on the plea that since the wages have exceeded the limit of Rs.700 the entitlement has also ceased to exist and so also the other payments under sub-clauses (ii), (iii), (iv) and (v) respectively. It was also the case of the applicant union that the Cost of Living Allowance of Rs.35 being part and parcel of the wages/terms and conditions of service, could not be withdrawn, deducted and/or reduced to the…

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