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1985 PLC 632

SHAHID JAMAL AND 2 OTHERS vs DIVISIONAL SUPERINTENDENT (WORKSHOPS)

Citation1985 PLC 632
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultRevision dismissed

' The revision captioned above challenges the decision, dated 26th April, 1983 passed by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore dismissing the grievance petition of the petitioners for piece rate profit.

2. The petitioners are motor truck drivers in Loco Shop. Their claim is that they have been getting piece rate profit from the time the system was introduced but vide letter dated 15th December, 1981 it was stopped. This is true that in the beginning the piece rate profit was allowed to motor truck drivers also but clarification was made and it was disallowed to them on the ground that they had no hand in the production. The relevant letter is Exh. R-2 dated 1st August, 1981. After the issuance of this letter the petitioners are not entitled to the said profit. All the witnesses examined by the petitioners deposed that piece rate profit was meant only for listed truck drivers. In order to give incentive to the workers to give more and just produce, the piece rate profit was allowed. The employees who have no contribution to the production of articles cannot get any incentive and cannot give more production. The truck drivers work outside the factory, so no question of more production arises. After the interpretation which has been treated by me as an amendment, the motor truck drivers are not entitled to piece rate profit but what they have been paid as such before the amendment, cannot be recovered from them as an amendment can be prospective and not retrospective until expressly such an effect in the special circumstances has been given to it. The learned lower Court thus rightly dismissed the claim of the petitioners.

3. As a result, the revision fails and is hereby dismissed.

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