1992 PLC(CS) 1202

AMERICAN INTERNATIONAL UNDERWATERS PAKISTAN (PRIVATE) LIMITED EMPLOYEES UNION (REGD.), KARACHI Versus AMERICAN INTERNATIONAL UNDERWATERS PAKISTAN (PRIVATE) LIMITED, KARACHI

Citation1992 PLC(CS) 1202

CourtSindh Labour Appellate Tribunal

Case No.Application No. KAR-301 of 1991

Date1992-02-02

Judge(s)Agha Ali Hyder, Appellate Tribunal AMERICAN. INTERNATIONAL UNDERWATERS PAKISTAN (PRIVATE) LIMITED EMPLOYEES UNION (REGISTERED), KARACHI

ResultReference answered

DECISION

It appears that the applicants had presented a `Charter of Demands' to the respondents which had resulted in a settlement between the parties on 15th July, 1990.

2. Later a controversy had ensued about the implementation of clause (2) thereof between the parties. It pertains to the salaries. The Union had sent a letter on 19-2-1991 complaining that the increments which had fallen due to the workers from the Financial Year commencing from July, 1991 has been wrongfully denied to them and they should be reimbursed. The alleged breach was denied in the letter from the employee. The Union has, therefore, came to this Tribunal for the interpretation of clause (2) of the settlement earlier arrived between the parties which reads as under:-

"2. Salaries

(a) It is agreed that the Basic Salaries of the workmen would be raised by 17-1/2 % with effect from 1st June, 1990, due to the increase in cost of living.

(b) The minimum annual grade increments effective from 1st July, 1990, shall be as follows:-

Higher Grades Rs.195

Supervisors Rs.150

Assistants Rs.115

Typists/Clerks Rs.95

Drivers/Beakers Rs.70

Peons Rs.60"

3. I have heard Mr. Abdul Majeed for the applicants and Mr. A. Hafiz for the respondents.

4. Sub-clause (a) read by itself would approximate with the contention of Mr. Abdul Majeed. However it has to be read in juxtaposition with sub clause (b).

5. Read together it would go to show that the increment of the I employees due on the 1st of July and the 17-1/2 % increase allowed, had been duly computed and the amounts of Rs.195, 150, 115, 95, 70 and 60 respectively for the different grades included both the increments due on 1-7-1991 and the increase.

6. It is an admitted position of law that no fresh evidence can be led, or other documents examined, apart from the text of the settlement whose terms are the subject-matter of interpretation.

A.A./2021/Lb.S Reference answered