1996 PLP 231 (PLC)

Appeal No. KAR‑292 of 1994, decided on 20th November, 1995 ‑‑‑‑S. 10‑C‑‑‑Payment of bonus‑‑‑Employee working in State Engineering Corporation (Pvt.) Ltd., as a Supervisor in Grade‑IV was transferred to employer's Pakistan Machine Tool Factory in the same category, but Grade‑IV of the State Engineering Corporation was equivalent to Grade‑X of employer's factory to which employee was transferred‑‑‑Employee agreed to get Grade‑VI as a workman and bonus accordingly and was prepared to forego Grade‑X according to which amount of bonus was high‑‑‑Employee who succeeded to get bonus as a workman in Grade‑VI, again claimed that he was in Grade‑X and was entitled to get bonus according to that grade‑‑‑Employee could not blow hot and cold at the same time as having agreed to Grade‑VI as a workman, he could not afterwards claim Grade‑X on the analogy of his previous job in the State Engineering Corporation from where he was transferred to employer's factory‑‑‑Employee would continue to remain in accepted Grade‑VI of employer's factory and would not be allowed to change his option having once accepted same and would be entitled to get bonus according to Grade‑VI and not according to Grade‑X. Ch. Muhammad Ashraf Khan for Appellant. Muhammad Humayun for Respondents. Date of hearing: 20th November, 1995. Appellant Ishaquddin was working in State Engineering Corporation (Pvt.) Ltd., as a Supervisor in Grade‑IV. He was then transferred to Pakistan Machine Tool Factory in November 1988 in the same category, but Grade‑IV of the State Engineering Corporation was equivalent to Grade‑X of the Machine Tool Factory. That was post of supervisory nature. The respondent's grievance petition was pending at that time. He claimed that he was a worker and posted in the same category and entitled to Bonus. He was allowed Grade‑VI as a workman for claiming the Bonus amount of Rs.5,845 since he was prepared to w forego Grade‑X according to which the amount of Bonus was Rs.6,745 but having succeeded in getting the Bonus the appellant again claimed that he was in Grade‑X and entitled td Rs.6,745 but a person cannot below hot and cold at the same time. Having agreed to Grade‑VI as a worker, he could not afterwards claim Grade‑X, on the analogy of his previous job in the State Engineering Corporation. He should therefore be continued to remain in the accepted Grade‑VI of the Machine Tool Factory as opted by him. He could not be permitted to change his option, having once accepted Grade‑VI in the Machine Tool Factory. He would therefore be entitled to Bonus of Rs.5,845 and not Rs.6,

745. Order accordingly. H.B.T./2559/Lb.S Order accordingly.