1992 PLP 230 (PLC)

840-55-1280-60-OPEN (3) Annual increment-- The annual increment will be paid in accordance with the following Pay Scales:-- (i) Grade I Upto 3 years of service 660--45--1,020--50--1,370 (ii) Grade II From 3 years of service to 8 years of service 700--50--1,100--55--1,485 (iv) Grade III More than 8 years of service 840--55--1,280--60- Open.

11. Other Issues-- (i) The workers would be entitled to all the increases, benefits announced by the Government. (ii) The workers would be allowed 15 minutes time to clean/wash their hands/faces before closing of their normal duties timing but there shall be no stoppage of work prior to the said 15 minutes. (iii) The Union will fully cooperate in maintaining peaceful atmosphere industrial peace as well, as per clause 16, for increase in the production. (iv) All pending cases between the parties will be withdrawn forthwith and all disciplinary actions against workers would stand abrogated. (v) All previous privileges arid rights in consequence of Courts' decisions, previous settlements, customs, rules and conditions of service, as usual, shall remain operative until and unless not changed through another better settlement.

14. Duration of settlement-- This settlement shall remain operative from 1-7-1990 to 30-6-1992, but financial benefits will be effective from 1-3-1990 and according to settlement arrears shall be paid upto 15-10-1990. Further demands could he raised upto 15-6-1992.

3. The language of the above clauses of the agreement is quite clear and there is no ambiguity, which requires interpretation by this Tribunal under section 50 of I.R.O., 1969. Mr. Muhammad Shafiq Qureshi, learned Advocate for the applicant union, also concedes that there is no ambiguity in the language, but states that necessity arose because of the observation of the learned Labour Court's order in Complaint No. 152 of 1991, which has been produced as Annexure A/3. The relevant portion of the observation may be reproduced as under:-- "Under these circumstances it appears to be case of interpretation of settlement which is conclusive power of the Hon'ble Labour Appellate Tribunal as is provided under section 50 of the I.R.O., 1969."

4. I am unable to agree with the learned Labour Court, that these clauses require any interpretation or that learned Presiding Officer, who is of the status of Senior District and Sessions Judge would not understand meaning of the above clauses. The above order in complaint passed by the learned Labour Court is not in appeal before me therefore I need not comment on it any further. I, however, do not find it necessary to interpret the above clauses of the settlement, which are quite clear, and which can be enforced by the workers under the relevant provision of the law.

5. The application is dismissed. H.B.T./1956/Lb.S Application dismissed.