| Case ID |
396c704e-5633-4964-bb02-4b40498fd227 |
| Body |
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| Case Number |
Application No. 3 of 1976 |
| Decision Date |
Feb 17, 1976 |
| Hearing Date |
|
| Decision |
The application filed under section 32(1-A) of the Industrial Relations Ordinance, 1969, was dismissed as not maintainable. The tribunal found that most of the demands raised by the Union were already covered under a prior settlement dated 18-6-74, which prohibited the raising of financial demands during its tenure. The tribunal concluded that the Union could not pursue these demands due to the binding nature of the earlier settlement. The decision was supported by precedents from the Hon'ble Labour Appellate Tribunal and the Supreme Court, reinforcing the principle that settlements between Collective Bargaining Agents and Management are binding until their operation ceases. |
| Summary |
In this case, the Labour Appellate Tribunal of Sindh dealt with an industrial dispute application filed by the Care Takers Welfare Union against Messrs Ahmed Ebrahim Agency Ltd., Karachi. The dispute involved several demands, primarily concerning financial implications, which the Union sought to raise despite having signed a settlement agreement on June 18, 1974. The Tribunal emphasized that the prior settlement legally bound the Union from raising any financial demands during its duration. The judges, led by S. Nasir Hussain, Jafri, reiterated that such agreements are upheld by law and previous rulings, thus dismissing the application as non-maintainable. This case highlights the importance of adhering to negotiated settlements in industrial relations and reinforces the legal standing of such agreements. Keywords include 'industrial dispute', 'collective bargaining', 'settlement agreement', 'Labour Appellate Tribunal', and 'financial demands'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
S. NASIR HUSSAIN, JAFRI
|
| Lawyers |
K. R. Jan,
S. M. Yaqoob
|
| Petitioners |
CARE TAKERS WELFARE UNION
|
| Respondents |
MESSRS AHMED EBRAHIM AGENCY LTD., KARACHI
|
| Citations |
1976 SLD 750 = 1976 PLC 315
|
| Other Citations |
1973 P L C 125,
1960 P L C 35
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
32(1-A)
|