1992 PLP 442 (PLC)

2. I have heard Mr. S.M. Yaqoob, learned counsel for the applicants and Mr. Muhammad Shafiq Qureshi learned Advocate for the respond and also gone through the papers of the case.

3. Brief fads appear to be that the two respondents had filed grievance petitions under section 25-A of the I.R.O., 1969 before the Labour Court for redressal of their grievance with regard to the fixation of pay group and arrears of pay. Prior to the filing of the application under section 25-A of I-R.O., 1969 they had also filed application under section 51 of I.R.O, 1969 for recovery of amount as arrears of pay and allowances by claiming promotions to Groups VI/VII. The grievance applications were dismissed by the learned Labour Court disposed of by this Tribunal on 14-11-1990 in the following terms: "

9. In view of the above discussion, the appeals are disposed of in the following terms: The pay of all the appellants-be fixed is Group VI from the date of their respective appointments as has been done in the case of Abdul Quddus and their pay and group be fixed under the Trade Structure. Ruled from 15-11-1983 on the same basis as had been done in the case of Abdul Quddus. The appellants would be paid the difference of the salary and other benefits actually drawn by them and the pay and emoluments that may be fixed m accordance with aforesaid orders of the Tribunal for three years prior to the institution of the grievance petitions. As this requires lengthy process of accounting the respondents are given' three months' time to implement the order of this Tribunal." (Sd.) 14-11-1990 (Justice (Recd.) Ahmed Ali U. Qureshi) Appellate Tribunal."

4. It will be seen that the principles of fixation of the group and pay and, the period for payment of the arrears have been determined by the Tribunal in the aforesaid order but the exact amount payable to the respondents has not I. been determined which can be determined by the learned Labour Court in the application under section 51 of the I.R.O., 1969.

5. Therefore, the applications under section 51 of I.R.O., 1969 filed by the respondents could not be dismissed on the ground of res judicata and the applications of the applicants for rejection/dismissal of these applications have been rightly rejected by the learned Labour Court. The applicants have been granted two months more time for compliance of the order besides the time fixed under the aforesaid order.

6. If the applicants determine and calculate the amount they may file statement before the learned Labour Court in the proceedings under section 51 of I.R.O., 1969 and also pay the amount to the respondents and if they refuse to accept it, same may be deposited with the learned Labour Court till the decision of the applications under section 51 of the Industrial Relations Ordinance, 1969.

7. The learned Labour Court to decide the applications in the light of the aforesaid order passed by this Tribunal in appeals after giving chance to the parties to lead the evidence. The applicants shall be given a chance to file the calculations of the amount payable to the respondents within time of five months from the date of order in appeals. The revision applications are disposed of accordingly. M.Y.H./1855/Lb. S Petitions disposed of accordingly.