| Citation(s) |
|---|
| 1993 SLG 1518 1993 SLD 1518 1993 PLC 815 |
Lahore High Court
Writ Petition No. 1 of 1976, heard on 9th May, 1993.
SHEIKH ABDUL MANNAN, J
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Writ Petition No. 1 of 1976, heard on 9th May, 1993.
SHEIKH ABDUL MANNAN, J
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CRESCENT TEXTILE MILLS LTD., LYALLPUR
VS
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 10-C---Entitlement of employees to claim bonus of one month as guaranteed under S.O. 10-C, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employer's defence to employee's claim was that settlement between parties had already been arrived at according to which three months' pay was to be given to employees 'and that included one month's salary under S.O. 10-C of the Ordinance---Grant of three months' bonus to employees was only by virtue of a settlement arrived at between the parties and was not in accordance with the terms of employment---Employer might or might not have agreed to pay additional bonus and such agreement (settlement) had arisen out of industrial dispute between the parties---Employer if had not agreed to pay the extra bonus, employees would not have been able to claim the disputed bonus and would have confined their claim only to the bonus available under S.O. 10-C of the Ordinance---Employees were thus, entitled to claim one month's wages as bonus as guaranteed under S.O. 10-C of the Ordinance, in addition to the terms of settlement whereby three months' pay was to be given to employees. Pak Cigarette Labour Union v. Pakistan Tobacco Co. Ltd., Karachi PLD 1981 SC 495 distinguished. Sher Nawaz Shah for Appellant. Ijaz Anwar for Respondent No. 2. Date of hearing: 9th May, 1993. JUDGMENT This Constitutional petition is directed by the petitioner against order dated 3-12-1975 of the Presiding Officer, Punjab Labour Court No.3, Faisalabad whereby it was held that petitioner/management was bound to pay bonus equal to one month's wages to the respondent/workers over and above the bonus already paid to them. 2. Briefly stated, respondents filed an application under section 34 of the I.R.O.1969 against the petitioner, Crescent Textile Mills Ltd., and claimed bonus of one month as guaranteed under para. 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. This was relatable to the year 1973-74. Petitioner pleaded before the Labour Court that a settlement between the…
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