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MUHAMMAD IRSHAD versus MESSRS SOIL MECHANICS LTD.


Industrial Relations Ordinance 1969 Section 2 (ii), 25A & 50 Interpreting by Appellate Tribunal Labor Court Decision No Award Under Section 25A, Not Open for Interpretation

1981 P L C 150

[Labour Appellate Tribunal Sind]

Present: Z. A Channa, Appellate Tribunal

MUHAMMAD IRSHAD

Versus

MESSRS SOIL MECHANICS LTD.

Application No. KAR‑49 of 1980, heard on 20th January, 1980.

Industrial Relations Ordinance (XXIII of 1969)‑‑‑

‑‑ Ss. 2 (ii), 25‑A & 50‑Interpretation by Appellate Tribunal-- Decision of Labour Court under S. 25‑A‑‑Not an award‑Not open to interpretation.

Appellant in person.

Mr. Aijaz for Respondent.

Date of hearing : 20th January, 1980.

ORDER

This application purports to be under section 50, Industrial Relations Ordinance, 1969, for the purposes of interpreting a decision given by the learned Vth Labour Court, Karachi, on 22nd August 1979, on the grievance application of workman Muhammad Irshad, directing that he be re‑intated in service with 50% wages for the period of unemployment. Now, section 50 empowers this Tribunal, in case of any difficulty or doubt as to the provision of any award or settlement, to decide such matter. In the in stant case, the decision given by the learned Labour Court, in respect of which interpretation by this Tribunal is sought, is neither a settlement nor an award, No doubt, originally decisions of the Labour Court under section 25‑A. Industrial Relations Ordinance, 1969, were deemed to be awards, but by Act V of 1972, the word award' in the said section was replaced by the word decision'. It is, therefore, clear that by this change, the Legislature intended that decisions of the Labour Court under the said section were not to be treated as awards as defined in sec tion 2 (ii), Industrial Relations Ordinance, 1969. Since this Tribunal has no jurisdiction, under section 50, Industrial Relations Ordinance, 1969, to interpret a decision given by the Labour Court under section 25‑A, Industrial Relations Ordinance, 1969, the present application is no maintainable and is accordingly dismissed.

Application dismissed.

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