| Case ID |
1fff1d2b-a3b3-4887-a892-1d1875dbb460 |
| Body |
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| Case Number |
MN-115 of 1977 Pb. |
| Decision Date |
Jun 21, 1977 |
| Hearing Date |
Jun 12, 1977 |
| Decision |
The appeal was accepted, and the award of the Labour Court was set aside. The demand for bonus for the years 1973-74 and 1974-75 was dismissed due to the financial losses incurred by Multan Cotton Industries. The court found no grounds to consider the two factories as one establishment despite their common ownership, as they lacked unity in finance, employment, supervision, and conditions of service. |
| Summary |
This case revolves around an industrial dispute between Multan Cotton Industries and the Mehnat Kash Union regarding the demand for bonuses for the years 1973-74 and 1974-75. The Labour Court initially awarded the bonuses, but the Multan Cotton Industries appealed the decision. The Labour Appellate Tribunal examined whether the two factories, Multan Cotton Industries and Colony Textile Mills Limited, constituted a single establishment for the purposes of the bonus claim. The court concluded that despite shared ownership, the lack of financial and operational integration meant they were distinct entities. The Tribunal ultimately sided with the appellant, highlighting the financial difficulties faced by the Multan Cotton Industries, which had consistently reported losses. The decision underscores the importance of establishing true operational unity in industrial relations law, particularly concerning bonus entitlements. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Multan Cotton Industries,
Colony Textile Mills Limited,
C. B. A. Union of Multan Cotton Industries
|
| Judges |
M. Jamil Asghar
|
| Lawyers |
Syed Sajjad,
Amer Razi Aziz Syed
|
| Petitioners |
MULTAN COTTON INDUSTRIES, MULTAN
|
| Respondents |
MEHNAT KASH UNION
|
| Citations |
1978 SLD 960,
1978 PLC 97
|
| Other Citations |
The Associated Cement Company Limited and another v. Their Workmen A I R 1960 S C 56,
Pakistan Petroleum Workers' Federation, Karachi v. Burmah-Shell Oil Storage & Distributing Company of Pakistan Limited, Karachi and 6 others P L D 1961 S C 479
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
32(1-A)
|