2000 PLP 330 (PLC)

S. 50

Interpretation of settlement

Application for

Applicant bad failed to point out any ambiguity in settlement sought to be interpreted

No difficulty or doubt had been found in said settlement

Labour Appellate Tribunal was empowered under S. 50 of Industrial Relations Ordinance, 1969 to interpret a settlement or award only if there was any difficulty or doubt about interpretation

Application for interpretation of settlement was dismissed being misconceived. M. Rafat Osmani for Applicant. This is an application under section 50 of the Industrial Relations Ordinance, 1969 for interpretation of the settlement dated 20-1-1998, filed by the applicant management. 2.Heard the learned counsel for applicant and the representative of the respondent union.

3. I have gone through the settlement, with the assistance of the counsel/representative, which, for the sake of convenience, is reproduced below: FORM _'X"' RULE 70 NAME OF THE

1. M/s. Star, Vacuum Bottle PARTIES: Mfg. Co. Ltd., Landhi, Karachi (hereinafter called the Company).

2. Star Vacuum Bottle Mfg'. Co. Labour Union, Reg. 'No,90234 -B Road, Liaqutabad, Karachi (hereinafter called the Union). REPRESENTING EMPLOYEES: REPRESENTATING EMPLOYEE

1. Mr.S.S. Hussain,

1. Mr. Nowsherwan. (President). Director'.

2. Mr. Hussein Wali (G. Secretary).

3. Mr. Wahid Hussain (J. Secretary).

2. Mr.Feroz Jiwani,

4. Mr. Ghous Buksh (Pub.Secy.). Manager.

5. Mr. Gul Nayab (V -President). The Star Vacuum Bottle Mfg: Co. Labour Union (Reg. No.902) being the certified Collective Bargaining Agent demanded profit bonus for the year ending 31st December, 1997 from the Management of Star Vacuum Bottle Mfg. Co. (Pvt.) Ltd., Landhi. The Company started negotiations on 2nd January, 1998. After long proceedings both the parties mutually arrived at the following settlement. With the view .to maintaining continuous and harmonious Labour Management Relations and Industrial Peace the issue of the profit bonus for the years ending 31st December, 1998, 31st December, 1999 and 31st December, 2000 were also taken up. The trial balance for the year ending 3.lst of December, 1997, was studied. The profit performance up to date was considered and the Union hereto felt that the working result for the years ending 31st of December, 1998, 31st December, 1999 and 31st December, 2000, may result in sufficient profit. In full and final settlement of the demand the Union hereby agree to accept the Company offer for the payment of profit bonus for the year ending 31st December, 1997 in accordance with the following formula. As regards the profit bonus for the years ending 31st of December, 1998, 31st of December, 1999 and 31st of December, 2000, the company has offered the same formula of profit bonus as for the year 1997. Profit bonus The company will pay profit bonus equivalent to 34 % of basic wages plus cost of living allowance and special cost of living allowance drawn during year less the number of days the workers have enjoyed Annual/Casual/Sick leave (i.e. on prorata basis) for the years ending 31st December, 1997 and 31st December, 1998 and 35 % for the years ending 31st December, 1999 and 31st December, 2000. The average will be computed by totalling the basic wages plus cost of living allowance and special cost of living allowance drawn during the 12 months and substracting therefrom the wage paid (i.e. basic wages plus cost of living plus special cost of living) for the aforesaid leave availed during the period. It is specifically understood and agreed that the profit bonus would be inclusive of the bonus payable in terms of standing orders of 10-C for the aforementioned years. The profit bonus as per the abovementioned basis would be paid to all the permanent workers having not less than 90 days continuous service during the year for which the profit bonus is paid. The profit bonus will be payable on or before 28th January, 1998, 10th of January, 1999, 30th January, 2000 and 30th January, 2001 respectively. It has also been agreed that one Vaccum Flask of Model 3501 pb(PC) shall be given to every permanent worker who is on roll of the company on the date of disbursement of bonus for the years 1997, 1998, 1999 and 2000 alongwith the bonus. In consideration of this settlement, the Union undertakes and covenants with the Company that they will not make or raise any demand for the payment of any nature of bonus for the years, 1997, 1998, 1999 and 2000. In witness whereof the parties have signed this agreement on 20-1-1998. Representing Employees Representing Employees (Sd.) (President) (Sd) Director (Sd.) (G. Secretary) (Sd)Manager (Sd.) (J. Secretary) (Sd.) (Publicity Sec.) (Sd.) (Treasurer) (Sd.) (Vice-President)."

4. Section 50 of the I.R.O., 1969 empowers this Tribunal to interpret a settlement and award, if there .is any difficulty or doubt as to its interpretation.

5. Mr. Rafat Osmani, learned counsel for the appellant has not been able to show, me that there is any ambiguity in the said settlement. I also find no difficulty or doubt in the said settlement which requires interpretation. The application is misconceived and is dismissed accordingly. Miscellaneous Application No.47 of 1999, having become infructuous is dismissed, in view of dismissal of the main application. H.B.T./319-K (L-Trib.) Application dismissed.