1976 PLP 315 (PLC)

Industrial dispute --Settlement-Management and Collective Bargaining Agent having arrived at settlement not to raise demands involving financial implica tions-Industrial dispute, held, can not be raised during tenure of such settlement on demands involving financial implications-industrial Relations Ordinance (XXIII of 1969), S. 32(1-A). 1973 P L C 125 and 1960 P L C 35 rel. K. R. Jan for Appellant. S. M. Yaqoob for Respondent. This application has been filed under section 32(1-A) of the Industrial Relations Ordinance, 1969, for adjudication of an Industrial Dispute con taining about ten demands. The respondents through its reply statement challenged the maintainability of the application on the ground that this Union has signed a settlement dated 18-6-74 and which settlement is still in force and so to view of this settlement no Industrial Dispute having financial implications can be raised. Besides this, it has been pleaded that the General Secretary, who thas filed his application, has not been legally elected and so he can not maintain this application. I accordingly beard Mr. S. M. Yaqoob for the respondent and Mr. K. R. Jan for the applicant on the legal objection raised on behalf of the respondent. Most of the demands now raised by the Union were the subject-matter of the settlement dated 18-6-74 which was signed before the conciliator. According to the settlement law these demands cannot be re-agitated during the operation of settlement. I have gone through the, demands placed on record and find that nearly all demands have serious implications except demands Nos. 5, 7, 8, 9 &

10. It has been agreed in the settlement dated 18-i?-1974 that the Union shall not raise or persue direct or indirect financial demands during the tenure of this settlement. In view of this clause the!' Union cannot raise any demand having financial implications at least till this settlement is in force. In my view I am fortified by an order passed the Hon'ble Labour Appellate Tribunal in the case of Abdul Sattar y. Pakistan Oxygen Limited, Karachi (1973 P L C 125) and another decision of the Hon'ble Supreme Court in the case of Messrs M. M. Ispahani Ltd., (1960 P L C 35). In these two decisions it has been held that the settlement arrived at to between the C. B. A. and the Management are binding on both parties till its operation. Mr. Yaqoob has, however, agreed that the Management, though has been issuing Identity Cards to the Chowkidars showing clear picture of employment but still, as a matter of gesture, is prepared to issue appointment letters as desired by the Union. 1n this way demands Nos. 5 and 10 are also met as the Cards are already being given to the Chowkidars. In regard to demand No. 8 it has also been agreed that the uniforms, though is properly and regularly supplied, yet it will be supplied at the appropriate time viz one uniform between January to March and the other in between October to December every year. With the above observations this application is dismissed as not maintain able,