1972 PLP 39 (PLC)

(a) Industrial dispute‑Wage structure‑Construction of new wage structure

Not to be taken lightly‑ Dearness allowances merged with basic pay‑Fresh demand for similar merger and new demand for bonus and gratuity, on agreement between parties, only after a lapse of about two years without any foundation to support same, in circumstances, held, not justified hence rejected. The construction of a new wage structure should not be taken too lightly, and that if the prices are spiralling up, the labour has to face the situation with the same forbearance and fortitude, as the people at large. Flour Mills Employees' Union, Karachi v. Messrs Pakistan Roller's Mill, Karachi 1965 P L C 790; General Secretary, Pakistan Tobacco Company Worker's Union v. Leaf' Area Manager, Pakistan Tobacco Company Ltd. Akora Khatak, 1965 P L C 326; Maple Leaf Cement Factory Employees' Union v. Maple Leaf Cement Factory, Daudkhel 1962 P L C 55; Gen‑oral Secretary Cotton Mill's Mazdoor Union v. Messrs Rahmania Textile Mills, Lyallpur 1962 P L C 170; British Paints (India) Limited v. Their Workmen 1962 P L C 173; Pakistan Security Printing Corporation Limited v. Company's Employees' Union 1961 P L C 214; The Khewra Soda Company Employees' Union Khewra v. The Khewra Soda Company, Khewra 1961 P L C 639; The Chairman, Chittagong Port Trust v. Worker's Union P L D 1968 Dacca 476 ; Williamson (India) (Private) Limited v. Their Workmen 1962 P L C 140; Airways Employees' Union v. Messrs B. O. A. C., Karachi 1962 P L C 1318 and Gakak Mills Limited v. Industrial Tribunal Mysore and others 1970 P L C 685 rel. (b) Industrial dispute‑‑ Medical facilities ‑ Medical Officer provided by Management for treatment of workmen‑Re‑im bursement of expenditure incurred in exceptional circumstances by workmen in case of treatment by medical specialists or other doctors also allowed‑--Demand for cash allowance instead of such medical facilities, in circumstances, held, not proper management, however, directed to dispense with requirement of obtaining chit from Management by ailing workmen to consult Medical Officer and production of identity card or introduction of some other device for purpose advised. (c) Industrial dispute‑‑ Allowance ‑ House rent allowance ‑Demand accepted but in view of financial position of employer not made effective retrospectively from date of petition. AWARD AGHA ALI HYDER (CHAIRMAN).‑Armed with the Certificate of Failure issued by the Conciliation Officer, the Steel Brother's Employees' Union tiled a petition under section 6(8) of the Industrial Disputes Ordinance for the adjudication of their demands, which were six in number. The proceedings had a chequered career, as the preliminary legal objections were agitated up to the level of appeal before the Appellate Tribunal. The award was to be announced today, when I was informed that I was to relinquish the charge of my office, if possible, forth with. As I had gone through the record I did not choose to put aside the matter any longer as the vacancy will take quite some time to be filled‑up. I therefore, propose to deal with the matter in a concise form. Demand No. 1.‑Basic Salary and the dearness allowance should be amalgamated with effect from ,1-7‑66. (a) Bonus : Should be paid at two salaries. (b) Gratuity : Should be calculated on last salary.

2. The argument advanced on behalf of the petitioners was rather on a general plane, and no authorities were cited in support of the assertion. Mr. M. A. Khan, the learned Repre sentative for the respondents, on the other hand, fortified his arguments, to meet the challenge from different Courts. Flour Mills Employees' Union, Karachi v. Messrs Pakistan Roller's Mill, Karachi (1965 P L C 790), General Secretary, Pakistan Tobacco Company Workers' Union v. Leaf Area Manager, Pakistan Tobacco Company Limited, Akora Khatak (1965 P L C 326), Maple Leaf Cement Factory Employees' Union v. Maple Leaf Cement Factory, Daudkhel (1962 P L C 55), General Secretary Cotton Mills Mazdoor Union v. Messrs Rahmania Textile Mills, Lyallpur (1962 P L C 170), British Paints (India) Limited v. Their Workmen (1962 P L C 173). Pakistan Security Printing Corpo ration Limited v. Company's Employees' Union (1961 P L C 214), The Khewra Soda Company Employees's Union Khewra v. The Khewra Soda Company, Khewra (1961 P L C 639), The Chairman, Chittagong Port Trust v. Worker's Union (P L D 1969 Dacca 474), Williamson (India) Private Limited v. Their Workmen (1962 P L C 140), Airways Employees' Union v. Messrs B. O. A. C. Karachi (1962 P L C 1318) and Gakak Mills Limited v. Industrial Tribunal Mysore and others (1970 P L C 685) need a special mention. The ratio decidendi propounded are, that the construction of a new wage structure should not be taken too lightly, and that if the prices are spiralling up, the labour has to face the situation with the same forebearance and fortitude, as the people at large. In view of the fact that as per Exh. P. W. 2/1, (the agreement between the parties), the Dearness Allowance was merged with the Basic Salary of the workmen on 1st January, 1966, with effect from 1st September 1965, to re‑open the matter, without any foundation being laid for the same would be uncalled for. As the matter stands, I will reject the demand, in all the three parts. Demand No. 2‑`'Present Medical scheme should be suspended and each member of the clerical and subordinate staff should be paid in cash Rs. 25.00 per month with effect from 1st July 1966."

3. It is an admitted position that the respondents have retained the service of some Medical Officer, for the treatment of the workmen. It is, however, made out, that an ailing workman must obtain a chit from the respondents to consult the Medical Officer. Obviously, this entails a good deal of suffering and privation and sometimes, Medical Aid may be denied, in settling these preliminaries. Mr. M. A. Khan has extended an assurance that to obviate these difficulties which are genuine, a via media will be found. The Company is directed to dispense with these hitches. The production of an Identity Card or any other device which might be agreed upon, should entitle the workman, in need to consult the Medical Officer of the Company. It also appears that the respondents, if circumstances so require re‑imburse their workmen, if the services of some Specialists or other Doctors are secured by the work men. This should be sufficient to meet the requirements of the workmen. I do not think it will be proper to concede the demand for the payment of Rs. 25.00 per month to every work man, as prayed. Demand No. 3.‑Transport should be provided for the staff from Mere-weather Tower to office and office to Mere-weather Tower."

4. It is an admitted position that a Conveyance Allowance is already provided to the workmen. It is true, that the Head Office has now been shifted to the West Wharf, but the distance is not too far. The demand was given up by the petitioner s during the arguments and stands disposed of accordingly. Demand No. 4, "Leave fare assistance should be paid in cash to all employees every year equivalent to their one month's salary and should be accumulated concurrently with earned leave."

5. Dropped earlier, as evidenced from the Written Arguments filed on behalf of the petitioners. Demand No. 5.‑House rent should be paid with effect from 1st July 1966 as under :‑ Clerical staff Rs. 30.00 per month Subordinate staff Rs. 20.00 per month

6. Mr. M. A. Khan, had raised arguments, backed by authorities, but at my suggestion had consulted the Employers. The next day, he had notified that the respondents were willing to pay Rs. 25.00 per month to the Clerks and Rs. 20.00 per month to the Subordinate Staff, as suggested by me. I must say, that an approach like this is a right step in cementing the employer‑employee relations. It was, however, urged from the side of the petitioners, that this should be with effect from the date of the presentation of the petition. As the proceedings have dragged on for a very considerable time, the financial implications might be rather pinching to the respon dents. After anxious consideration, I am of the view, that the House Rent allowance should be started from 1st January 1971. Demand No. 6.‑‑"Ahmed Khan peon, whose services have been terminated indiscriminately and in disregard to the principle of first‑come‑last‑go shall immediately be re‑instated with retrospective effect with all the benefits and continuity of service."

7. Dropped by the petitioners. Award accordingly.