| Case ID |
45b28d56-82a6-4291-9689-4ba3f3722623 |
| Body |
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| Case Number |
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| Decision Date |
Jan 30, 1985 |
| Hearing Date |
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| Decision |
The two appeals were dismissed by the Labour Appellate Tribunal, Punjab. The Tribunal upheld the Labour Court's decision which had dismissed the grievance petitions of the appellants. The key issue was the validity of a settlement regarding sales commission and other benefits negotiated between the C.B.A. Union and the Management. The Tribunal found that the arguments presented by the appellants regarding the influence of management on union office-holders were without merit, and that the settlement was valid despite claims of improper negotiation. The Tribunal concluded that the appellants could not challenge the settlement as it would negatively affect other workers who benefited from it. Therefore, the appeals were dismissed. |
| Summary |
The case revolves around appeals filed by Mushtaq Bhutta and another against Spencer & Co. Pakistan Ltd., concerning the validity of a settlement reached under the Industrial Relations Ordinance, 1969. The key legal points involved sections 2(xxiv), 25-A, and 38(3). The appellants contended that the settlement was invalid due to alleged coercion and lack of proper representation from the C.B.A. Union. However, the Labour Appellate Tribunal found no substantial evidence supporting these claims. The Tribunal emphasized that settlements under the Industrial Relations Ordinance cannot be challenged lightly, especially when they confer benefits to a broader group of workers. The decision highlighted the importance of collective agreements in labor relations and the need for unions to act in the interest of all members, ensuring that individual grievances do not undermine collective benefits. The ruling reinforces the stability of negotiated settlements in labor disputes, affirming that proper channels must be followed for any challenges to such agreements. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Management,
C.B.A. Union
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Asadullah Siddiqui,
Khan A. Hamid,
S.M. Yaqoob
|
| Petitioners |
Another Appellant,
Mushtaq Bhutta
|
| Respondents |
Spencer & Co. Pakistan Ltd.
|
| Citations |
1986 SLD 1899,
1986 PLC 98
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
2(xxiv),
25-A,
38(3)
|