| Case ID |
0307267e-2035-49ae-b53d-8395c55e2507 |
| Body |
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| Case Number |
Appeals Nos. KAR-5 & 6 of 1984 |
| Decision Date |
Aug 18, 1985 |
| Hearing Date |
Aug 18, 1985 |
| Decision |
The Labour Appellate Tribunal dismissed the appeals made by the Collective Bargaining Agent of the National Insurance Company and the Management. The Tribunal ruled that the grievance petition under Section 25-A of the Industrial Relations Ordinance was maintainable, as it involved a specific group of 13 clerks rather than all workers. The objection raised by the Management regarding the petition being filed under Section 34 was rejected. The Tribunal emphasized that the benefits of three advance increments granted to certain clerks prior to the Wage Commission Award of 1977 could not be withdrawn. The decision affirmed the Labour Court's ruling and ordered the payment of due benefits to the three clerks involved. |
| Summary |
The case revolves around two appeals concerning the rights of 13 graduate clerks at the National Insurance Corporation, who were denied advance increments as per the Wage Commission Award of 1977. The Employees Union (C.B.A.) filed a petition under Section 25-A of the Industrial Relations Ordinance, asserting that the grievances of the clerks were not collective but specific to the individuals. The Labour Appellate Tribunal ruled in favor of the clerks, maintaining that the Management's objections lacked merit. The Tribunal's decision emphasized the importance of protecting workers' rights, ensuring that previously granted benefits could not be revoked arbitrarily. This case highlights key aspects of labor law and the ongoing struggle for fair treatment within corporate structures, making it relevant for discussions on labor rights, collective bargaining, and the enforcement of employment regulations. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
National Insurance Corporation,
Employees Union (C.B.A.)
|
| Judges |
Ali Nawaz Budhani
|
| Lawyers |
Syed Hamid Ali,
M.A. Hassan
|
| Petitioners |
Employees Union (C.B.A.)
|
| Respondents |
National Insurance Corporation, Karachi
|
| Citations |
1986 SLD 1874,
1986 PLC 23
|
| Other Citations |
1982 P L C 1034
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Wage Commission Award for Insurance Corporations, 1977
|
| Sections |
25-A,
34
|