| Case ID |
22429afc-63a0-4aff-ac8f-26707e2a3580 |
| Body |
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| Case Number |
454 of 1976 |
| Decision Date |
Jan 29, 1977 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled that the settlement arrived at between the management and the previous Collective Bargaining Agent (C.B.A.) is binding on the new C.B.A. as it acts as the agent of the workers. The Tribunal emphasized that demands involving financial implications cannot be raised during the operation of such a settlement. The petition filed by Premier Tobacco Industries was accepted, confirming that the new C.B.A. cannot raise new demands until the expiration of the existing settlement period. |
| Summary |
This case revolves around the enforcement of a settlement made under the Industrial Relations Ordinance (XXIII of 1969) between Premier Tobacco Industries Ltd. and its previous Collective Bargaining Agent (C.B.A.), the Premier Tobacco Industries Employees' Union. The crux of the matter was whether the newly recognized C.B.A., the Premier Tobacco Industries Workers' Union, could raise new financial demands during the ongoing settlement period, which was established to last from July 15, 1976, to July 14, 1978. The Tribunal found that the previous settlement was binding on the new C.B.A. as it acted in the capacity of an agent representing the workers, thus preventing the new union from raising any new demands involving financial implications until the settlement period concluded. This case underscores the importance of respecting established agreements in industrial relations and the legal framework governing collective bargaining in Pakistan. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Premier Tobacco Industries Ltd.,
Premier Tobacco Industries Workers' Union,
Premier Tobacco Industries Employees' Union
|
| Judges |
Not available
|
| Lawyers |
Not available
|
| Petitioners |
Premier Tobacco Industries Ltd.
|
| Respondents |
Premier Tobacco Industries Workers' Union,
Premier Tobacco Industries Employees' Union
|
| Citations |
1977 SLD 1739,
1977 PLC 642
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
34,
39,
40
|