Law:

Section:

Keywords: Consideration, Proceedings, Estoppel Against Statute, High Court, Grievance, Representative, Rights Conferred, Contract, Grievance Petition, Commercial Employment, Parties, Set Aside, Notice, Provisions, Claims, Procedure, Gratuity, Bonus, Petition, Order, Dispute, Payment, Labour Court, Examination, Modification, Impugned Order, Orders, Binding DECISION JUSTICE (RTD) AHMED ALI U QURESHI, J:- This is an appeal against the order, dated 28.9.1989, passed by the learned Presiding Officer, Sind Labour Court No.111 at Karachi, whereby the grievance petition of the appellant was dismissed. 2. The brief facts of the case are that the appellant was admittedly a workman employed with the respondents. He filed a grievance petition after serving the grievance notice upon the respondent for payment of difference of the amount of bonus for the year 1986 and 1987. 3. I have heard Mr. Muhammad Saleem Khan, learned Advocate for the appellant and Mr. Wasi Ahmed, learned Representative for the respondents and have also gone through the record and proceedings of the case. 4. The admitted facts of the case are that on 25.9.1986, a settlement was reached between the respondents and the C.B.A. Union under which an amount of Rs.10000.00 was to be paid as bonus to each of the workman. This agreement was valid for to years. The bonus for the year 1986 was paid on 4.2.1987 and the bonus for the year 1987 was paid on 8.2.1988. The appellant served grievance notice upon the respondents on 16.2.1988 claiming difference of bonus payable to him under Standing Order 10-C and the bonus paid to him under the settlement for the year 1986 and 1987. 5. Mr. Saleem Khan, the learned Advocate for the appellant had conceded that his claim for the year 1986 was the-barred and has prayed only for the payment of difference of bonus for the year 1987. 6. Under Standing Order 10-C, employer who makes profit in any year shall pay the amount of house not less than the amount of one month's wages of a workman. Whereas under the settlement bonus was fixed at Rs.1000.00 though the wages of the workman may be above Rs.1000.00 Mr. Saleem Khan, the learned Advocate for the appellant has relied upon…

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