Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 8

Law: Industrial Relations Ordinance, 2002

Section: 46,62

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25,5

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--S. 8---Industrial Relations Ordinance (XXIII of 1969), Ss.25 & 51---Industrial Relations Ordinance (XCI of 2002), Ss.46 & 62---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Notification for exemption of appellant-Corporation from Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Grievance petition--Corporation, vide Government Notification was exempted from Standing Orders Ordinance, 1968 and was aggrieved by common of High Court in Labour appeal upholding application under Ss.51/62 of Industrial Relations Ordinance, 1969/2002, whereby appeals were accepted, with direction for payment of benefits and dues to respondents in pursuance of collective settlement and benefits accruing therein---Basic benefits of the employees working in establishment under Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 being statutory in nature, were enforceable together with such further benefits as could be conferred by settlement---No settlement could be presumed to have an effect overriding that of statutory rights---Even the minimum rights of employees protected by law ceased to exist as a consequence of said Notification---Employees were substituted by the terms of Golden Handshake Scheme---Minimum rights available under Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, conferred upon the employees of establishment concerned being statutory in nature, stood on a higher padestal as compared to contractual obligation arising out of settlement through collective bargaining which were only an addition to such minimum benefits---Proceedings under Ss.51/62 of Industrial Relations Ordinance; 1969/2002 for enforcement of the terms of settlement which became unenforceable, could not be maintained--Allowing appeals both impugned s were set aside by the Supreme Court. JUDGMENT ZIA PERWEZ, J.--- Leave to appeal was granted by this Court on 22-1-2007 to examine the question regarding the effect of Notification dated 26-9-1997 issued by the Government of Punjab, Labour and Manpower Department, Lahore under section 8…

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