| Case ID |
3ca6ee9c-7595-4064-81bf-86d813055a3f |
| Body |
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| Case Number |
Civil Appeal No. 35-D of 1959 |
| Decision Date |
May 17, 1961 |
| Hearing Date |
|
| Decision |
The appeal was decided in part, where the award of the Tribunal regarding housing allowance and the reinstatement of five dismissed employees was set aside. The Tribunal's award for extra medical facilities was maintained, and the hours of work were modified to allow for staggering of working hours. The court emphasized that the reinstatement of employees dismissed five years prior was not within the scope of the current industrial dispute, as there was no ongoing connection between the dismissed employees and the present employment issues. The court also acknowledged that the reference of a 'general industrial dispute' should be approached with caution and that the Government must apply its mind to the specific nature of the dispute before making such references. |
| Summary |
This case involves a civil appeal by multiple banks against an award made by an industrial tribunal under the Industrial Disputes Act. The Supreme Court addressed several key issues, including the appropriateness of the reference to the tribunal, the claims for housing allowance, medical facilities, and the reinstatement of employees dismissed five years prior due to a past strike. The court concluded that while the claim for medical facilities was valid, the reinstatement of the dismissed employees was not a matter of current industrial dispute. The decision highlights the importance of the government's role in properly defining disputes before referral to tribunals and the necessity for evidence in adjudicating claims related to allowances. This case also underscores the legal interpretations surrounding industrial disputes, emphasizing the need for timely and relevant grievances to be addressed within the framework of employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE PROVINCE OF EAST PAKISTAN,
NATIONAL AND GRINDLAYS BANK LIMITED CHITTAGONG,
THE CHARTERED BANK, CHITTAGONG,
MERCANTILE BANK LIMITED, CHITTAGONG,
LLOYDS BANK LIMITED, CHITTAGONG,
EASTERN BANK LIMITED, CHITTAGONG,
THE EAST PAKISTAN BANK EMPLOYEES UNION CHITTAGONG
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle Akbar,
B. Z. Kaikaus,
Hamoodur Rahman, JJ
|
| Lawyers |
M. Fazlur Rahman Senior Advocate Supreme Court,
E. F. Aragon Advocate Supreme Court,
Hamidul Haq Chowdhury Senior Advocate Supreme Court,
M. H. Khundhkar Senior Advocates Supreme Court,
Mozammal Huq Advocate Supreme Court,
T. H. Khan Advocate Supreme Court,
Shahab-ud-Din Ahmad Attorney for Respondent No. 2,
Naim-ud-Din Ahmad Attorney for Appellants,
A. Wadud Mian Attorney for Respondent No. 1
|
| Petitioners |
NATIONAL AND GRINDLAYS BANK LIMITED CHITTAGONG,
THE CHARTERED BANK, CHITTAGONG,
MERCANTILE BANK LIMITED, CHITTAGONG,
LLOYDS BANK LIMITED, CHITTAGONG,
EASTERN BANK LIMITED, CHITTAGONG
|
| Respondents |
THE PROVINCE OF EAST PAKISTAN,
THE EAST PAKISTAN BANK EMPLOYEES UNION CHITTAGONG,
A. AWAL, INDUSTRIAL TRIBUNAL, DACCA
|
| Citations |
1961 SLD 313,
1961 PLD 383
|
| Other Citations |
Pakistan Match Company Limited P L D 1959 S C 337,
R. v. National Arbitration Tribunal 1947 (2) A E L R 693,
Western India Automobile Association A I R 1949 C F 111
|
| Laws Involved |
Industrial Disputes Act
|
| Sections |
10
|