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IN RE: KARACHI DOCK LABOUR BOARD versus IN RE: KARACHI DOCK LABOUR BOARD


Pakistan Essential Services (Rehabilitation) Act 1952 Section 6 (1) regulating the employment of services and other conditions associated with the loading or unloading of goods at the national port, as designated by the National Industrial Relations Commission as a special authority. Under which, 1952, no joint application was granted between the Duke Labor Board and the K Harbor and Dock Workers Union, nor was the Duke Labor Board NIRC as a prescriptive authority for the application. There are, in the circumstances, directives that the dock laborers have other conditions for wages and services. Loading and unloading will be the same as described in the Settlement Port.

1985 P L C (C.S.) 13

[National Industrial Relations Commission]

Present: Ibrahim Mahmud, Chairman

In Re: KARACHI DOCK LABOUR BOARD

Case No. 18(8) of 1983, decided on 18th June, 1983.

Pakistan Essential Services (Maintenance) Act (LIII of 1952)‑‑

‑‑‑S.6(1)‑‑Regulating wages and other conditions of service of employment connected with loading or unloading of goods at K port, by National Industrial Relations Commission as specified Authority‑‑Such employment declared to be employment to which Act, 1952 applies‑ Settlement arrived at between K Dock Labour Board and K Harbour and Dock Workers Union‑‑No joint application made and application made only by K Dock Labour Board‑‑NIRC as Specified Authority, in circum stances, issuing directions that wages and other conditions of service of Dock Workers connected with loading and unloading at K Port shall be same as stated in settlement.

Muhammad Ashraf Khan for Karachi Harbour and Dock Workers Union.

ORDER

By Notification No. S.R.O.(I)/83, dated 30th April, 1983 the Federal Government in exercise of the powers conferred under subsection (1) of section 3 of the Pakistan Essential Services (Maintenance) Act, 1952 (Act LIII of 1952) was pleased to declare all employment connected with the loading or unloading of goods at the Karachi Port to be employment to which the said Act applies.

Accordingly an application under section 6 of the said Act was filed by the Karachi Dock Labour Board for regulating the wages and other conditions of service of the employees connected with the loading and unloading at the Karachi port. Another application was submitted by 17 Stevedore firms who are members of the Karachi Stevedores Conference Limited for being impleaded as necessary party which application was allowed. While the main application under section 6(1) of the Act was pending before me as Chairman of the National Industrial Relations Commission as Specified Authority, the charter of demands, dated 31st January, 1983 were settled and a settlement was signed between the Karachi Dock Labour Board and the Karachi Harbour and Dock Workers Union on 12th May, 1983. Although no joint application has been submitted by the parties, an Urdu version of the said settlement has been submitted before me for issuing of necessary directions under section 6(1) of the Act in terms thereof.

Mr. Khan Madin Afridi, President of the said Union appeared before me and has admitted execution of the settlement by him as well as by the other signatories, office‑bearers of the Union. Today Mr. Kamal Abbasi, a Member of the Karachi Dock Labour Board is present.

He admits execution of the settlement by him on behalf of the Board and also admits execution by Rear Admiral M.I. Arshad, who has signed the settlement as Chairman of the Board.

Mr. Ghulam Hussan representing the Karachi Stevedore Conference Limited has submitted an application before me today praying that an inadvertent error appearing in my previous order, dated 30th May, 1983 may be rectified, in which it has been stated that "he does not press his application for issue of directions under section 6 of the said Act which application is dismissed"; whereas in fact no such application has been moved or signed by his client the Karachi Stevedores Conference Limited. That position appears to be correct as submitted by him. In fact such application under section 6 was submitted on behalf of the seventeen Stevedores Firms who have been impleaded parties as such and not by the Conference itself. It is accordingly so recorded.

I accept the settlement and issue directions that the wages and other conditions of service of Dock Workers connected with the loading and unloading at the Karachi Port shall be the wages and conditions of service as stated in the Urdu version of the settlement, dated 12th May, 1983.

A. E. Order accordingly

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