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Appeals Nos. KAR‑855, 855‑A, 947 and 948 of 1980, decided on 3rdMay, 1981.
‑‑ Ss. 32 (1‑a) & 37‑Industrial dispute‑Demands requiring adjudication on basis of evidence relating to position in comparable institutions, financial position of Management and other allied matters‑‑Request for remand of case in circumstances, accepted directing Labour Court to give opportunity of evidence and decision afresh on basis of evidence produced.
Mahmood Abdul Ghani for the Management.
M. L. Shahani for the Workmen.
Date of hearing: 3rdMay, 1981.
On 19thMay, 1979, the General Secretary of the Village Restaurant Workers' Union, Karachi, served a notice of charter of demands on the Management. Three days earlier, i. e. on 16thMay, 1979, the Manage ment of the Village Restaurant had served a charter of demands on the Workers' Union in their establishment. As conciliation proceedings failed, both the parties filed separate applications under section 32 (I‑A), I. R. O., before the learned Fifth Labour Court. The two applications were subsequen tly transferred for disposal to the learned First Labour Court. By a common order, dated 19th November, 1980, the learned Labour Court has allowed certain demands, some of them with modifications, of both the Workers' Union and the Management. Both the parties consider themselves aggrieved by the said order and have accordingly filed separate appeals, i. e., in all four appeals, against the said order.
2. The circumstances which inter alia have to be taken into con sideration in adjudicating upon the demands of the nature put forward by the two parties are, firstly, whether the increase in emoluments and the facilities or benefits demanded by the Workers' Union or the reduction therein or restrictions thereon sought by the Management are prevalent or are being granted or practised in comparable institutions, secondly, the financial position of the Management and its capacity to comply with the demands made by the workmen, thirdly, the physical and economic strains which are likely to be imposed on the workmen if the demands of the Management are acceded to, fourthly, the opportunity which the workmen enjoy of either supplementing their wages in the institution itself or of doing part time jobs elsewhere and the extent to which the work men actually avail themselves of such opportunity and most important the relationship of the total wages earned by the lower paid workers respectively to the minimum basic wages and fair wages as construed by their Lordships of the Supreme Court. Admittedly, there is hardly any evidence on record on the above points. Both Mr. M. L. Shahani, the learned counsel for the Workers' Union, and Mr. Mahmood Abdul Ghani, the learned representative of the Management, therefore, requested that the case may be remanded to the learned Labour Court for giving art opportunity to the parties to lead evidence on the above points. The request is quite reasonable as in the absence of such evidence it is note possible for this Tribunal to appreciate the grounds on which the impugned decision has been given or the adjudication of the demands has been made. I would, accordingly, set aside the impugned order and remand the two cases to the learned First Labour Court for giving an opportunity to the parties to lead evidence on the above points as also on any other points which may reasonably arise, particularly evidence indicating the practiced in comparable institutions.
3. As these two matters have been pending adjudication since the past two years, the learned Labour Court is directed to give priority to them and dispose of the same within four months:
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