PROJECT MANAGER, PAKISTAN NATIONAL PRODUCE COMPANY LIMITED,SHIKARPUR Versus IRSHAD AHMED SOOMRO

DECISION

This appeal calls in question the order of the Labour Court, Sukkur in which relief of 13.5% and 18% under the Cost of Living Relief Acts, 1985 and 1986 respectively was allowed to the respondents.

2. The petition was challenged on a number of grounds, which were overruled and I am afraid the appeal is devoid of any merit.

3. One of the contentions raised was that some of the employees were getting pay of more than Rs.1,500 per month and that would disentitle them to seek the relief. However, not a single person was named when it came to evidence.

4. Similarly there is nothing at all to show that there was any settlement or agreement, or that otherwise there was any increase in the wages of the respondents before the operation of the laws in question which would qualify the appellant to claim set‑off.

5. The appellants have, a sister concern, a Rice Mills at Dhaunkal where also the workers were denied the benefits of these reliefs. The relief was granted to the workers by the Lahore High Court in Writ Petition No. 130 of 1989. The appeal taken to the Supreme Court was dismissed in Civil Petition No. 498/L of 1990. Both the judgments are on the record.

6. Even the allegation of time bar is without any substance as the petition had been filed before the Labour Court earlier under section 34 of the IRO, and objections having been taken about its maintainability, was withdrawn and followed by a petition on behalf of all the individual workers under section 25 A(10), I.R.O.

I will therefore uphold the order of the Labour Court and dismiss the appeal.

H.B.T./2157/Lb.S Appeal dismissed