Case Details

Citation(s)
1990 SLG 1310 1990 SLD 1310 1990 PLC 277
Labour Appellate Tribunal, Sindh
Employees Cost of Living (Relief) Act, 1973 (I of 1974)--
. ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Mehmood A. Ghani for Applicants Nos. 1, 2, 3, 4 and 5. Ali Amjad, Muhammad Ashraf and Ghulam Sarwar Chandio for
Respondents

Messrs DADABHOY CERAMIC INDUSTRIES LTD.

VS

LABOUR UNION Employees Cost of Living (Relief) Act, 1973 (I of 1974) Messrs DADABHOY CERAMIC INDUSTRIES LTD. vs LABOUR UNION

Law:

Section:

---S.3(6) [as amended by Employees' Cost of Living (Sixth and Seventh Amend­ments) Acts, 1985 and 19861---Set off claimed on basis of increases allowed under settlements against statutory cost of living allowance payable @ 13.5 per cent. from 1st July, 1985 and @ 18 per cent. from 1st July, 1986---Settlement admitting of no ambiguity that increases were not to provide relief due to rise in cost of living---No suggestion or claim that there existed any regular scheme on any system of measuring cost of living by a sliding scale agreed therein for neutrilization of wages from point to point at given intervals---Employer, in circumstances, held was not entitled to setoff. DECISION These are five (5) applications which have been filed under section 50 of I.R.O., 1969, by the respective companies against their respective Collective Bargaining Agents and it has been prayed to this Tribunal to interpret: the Settlement/Settlements with the respective Collective Bargaining Agents in the light of sixth amendment in the Employees Cost of Living (Relief) Act, 1973 which requires that every employee whose wages do not exceed one thousand five hundred rupees, shall, in respect of his employment or after the first day of July, 1985, whether on time work or piece rate basis be paid by his employer an increase in wages at the rate of 13.5 per cent of his wages; provided that the said increase but by virtue of the proviso to subsection (6), the set off as permissible only against the amount which is payable as a relief due to rise in the cost of living under an agreement or settlement reached or an award given under the Industrial Relations Ordinance, 1969 (XXIII of 1969) which has been announced and become effective on or after the First day of January, 1984, and against the amount payable under an agreement or settlement reached and in force on the First day of July, 1985 under which employees get increases at regular intervals on the basis of a rise in the cost of living, and I emphasise that this is the restricted circumference in which set off is made permissible and not in any other case if the increase is related to any other factor. 2. In Application No. KAR-356 of 1986…
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