Find a Lawyer

Petition No. 548 of 1974, decided on 24th November 1075,

S. 34-Union not indicating particulars of workers whose cause was being espoused-No findings as to their rights, in circumstances, held, could be given.

Mirza Nazir Ahmad Naz for Appellant.

Saad Ullah Mumtaz for Respondent.

This is a petition under section 34 of the Industrial Relations Ordinance 1969 to get enforced right of the Union secured to it by law and settlement Petitioner Union issued a Demand Notice to get Cost of Living Allowance of Rs. 35 per head. Parties came to a settlement and Management agreed pay this amount to the petitioners, but according to the Union this settlement was never implemented.

2. Management raised certain preliminary objections, only object relevant for the disposal of this petition is that respondent in consultation with the Employees has closed his business from 15-7-74. Now petition Union is estopped to bring this petition under section 34.

3. This is the admitted position of the parties that there are only six 7 employees in the hotel Section of the Respondent. Restaurant Section 1 been closed. This petition was filed by one Said Akbar who is no more employee and the present General Secretary who has replaced Said Akbar is outsider. Petitioner Union has not given names and other particulars the present employees, Six or seven persons have filed their petitions unc section 25-A. In these circumstances on finding can be given as to which the employees are entitled to get this guaranteed arid secured right of Cost Living Allowance. Moreover under the law agitation against non-payment of Cost of Living Allowance could be made to the Authority under the Payment of Wages Act by individuals which they perhaps did but could n succeed.

Under these circumstances petition stands disposed of.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.