1991 PLP 919 (PLC(CS))
EXECUTIVE ENGINEER, GUDDU BARRAGE DIVISION, KASHMORE Versus GENERAL IRRIGATION GUDDU BARRAGE EMPLOYEES UNION, KASHMORE,
| Citation | 1991 PLP 919 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali U. Qureshi, Appellate Tribunal |
| Parties | EXECUTIVE ENGINEER, GUDDU BARRAGE DIVISION, KASHMORE Versus GENERAL IRRIGATION GUDDU BARRAGE EMPLOYEES UNION, KASHMORE, |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 919 (PLC(CS))?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 919 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali U. Qureshi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 919 (PLC(CS)) (EXECUTIVE ENGINEER, GUDDU BARRAGE DIVISION, KASHMORE Versus GENERAL IRRIGATION GUDDU BARRAGE EMPLOYEES UNION, KASHMORE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzar Alam for Appellant.
- Shabbir Awan for Respondent.
- Date of hearing: 11th May, 1991.
Headnotes / Summary
‑‑‑‑Ss. 25‑A‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 9‑‑‑Workmen were getting free house accommodation since long, but that facility was withdrawn by Authority and instead issued notice to workmen for deduction of 5% of salary towards rent‑‑ Grievance petition of workmen against order of Authority with regard to recovery of rent, was allowed by Labour Court‑‑‑Appeal against order of Labour Court was disposed of by Tribunal in terms settled by parties that would recommend to Government to reconsider case of workmen for grant of facility as before‑‑‑Authority in pursuance of order of Tribunal, had written letter to Government, but no final decision was taken by Government except asking the Authority to prepare case giving financial aspect and full justification‑‑‑No further action in that regard was taken by Government or Authority in compliance with direction of Tribunal‑‑‑Appeal was allowed with direction that rent may not be charged from workmen till final decision was taken by Government in that respect after duly considering the case of workmen as per provisions of S. 9 of Ordinance, 1968.
Judgment & Decree
Date of hearing: 11th May, 1991. This is an appeal against the order of the learned Presiding Officer Sindh Labour Court No. VII at Sukkur dated 25th September, 1989.
2. I have heard Mr. Manzar Alam for the appellant and Mr. Shabbir Awan for the respondent and have also gone through the record and proceedings of the case. 3, The brief facts of the case are, that the workmen employed by the respondent were getting free house accommodation since 1958, which facility was withdrawn by the appellant in 1973 who issued notice to the workmen for deduction of 5% of the salary towards the rent. Seventy-six workmen filed grievance application No. 187 of 1978 under section 25-A of I.R.O., 1969 before, the learned Sindh Labour Court No. VII at Sukkur challenging the order of the respondent with regard to recovery of rent. The application was allowed by the learned Labour Court vide order dated 14th January, 1979. In appeal, however" this Tribunal vide its order dated 11-10-1979 disposed of appeal in the following terms, which were settled by the parties:-- "The appeal is allowed, but the Chief Engineer, Gudu Barrage, will recommend to the Government to reconsider the case of the respondents for grant to them of the facility of free housing as before, though the Chief Engineer does not undertake what will be flit decision of the Government."
4. It appears that in pursuance of this order of the Tribunal the Clef Engineer, Gudu Barrage, Sukkur had written a letter to the Government which was replied vide Exh. R/6 which is dated 24th November, 1979, which reads a~ under:- "I am directed to state that the Project is over and there is hardly any justification in the case. However, you may prepare the case, giving financial aspect and full justification."
5. This letter also shows that no final decision was taken by the Government but the Chief Engineer was asked to prepare the case giving financial aspect and full justification. There is nothing on the record to show that any further action in this regard was taken by the Government or the Chief Engineer or Executive Engineer in compliance with the aforesaid direction of this Tribunal. Under the circumstances the appeal is allowed with direction that the rent may not be charged from the workmen till final decision is taken by the Government in this respect, after duly considering the case of workmen as per I provision of section 9 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. H.B.T./1920/Lb.S Appeal allowed/Order accordingly