1. AWARD HIDAYAT HUSSAIN (CHAIRMAN). - Through Application No. 229/71 under section 34, Guest Keen Nettlefold an Pakistan Ltd., Korangi Area, Karachi, sought enforcement ref the right which according to them accrued in terms of the settlement arrived at between the parties on 20th April 1970.
2. According to them, the respondents could not proceed on strike nor could they raise any additional demand during the currency of the Agreement.
3. The respondents served a notice of strike on the applicant on 1st. February 1971 and in consequence of that notice, they proceeded on strike on 25th March 1971. Through application No. 6/71 the applicant want me to declare the strike as illegal and require the respondents to resume work. The matter was posted from one date to another and it has come for hearing today when the parties have filed a joint application which is treated as under section 32(1)(a). The parties have settled the matter as follows:
(1) The applicant will make ex gratis payment equivalent to 10% of the basic annual earnings of the daily rated worker and one month's basic salary in case of monthly rated workers.
(2) The respondents will give the production up to the limit agreed to by them in the Settlement of 20th April and in case, the production is according to that limit, the applicant will provide Canteen facilities to the workers.
(3) The facilities granted to the workers under the Settlement of April, 1970, shall continue.
(4) applicant shall pay Rs. 6,000 to the daily rated workers and in return the workers have promised to show the output up to the limit.
4. Fazlur Rehman, the President of the Union says that they will keep the output at that level.
5. The applicant have undertaken to take permission of this Court in case they decide to terminate the services of 3 workmen i.e., Fazlur Rehman, Muhammad Amin and Muhammad Salim Khan 'in pursuance of the charge-sheets pending against them. It is clarified that this will not prohibit the applicants from conducting the enquiry against these 3 workmen, or suspending them or taking any other action against them. This undertaking is in consideration of this Settlement.
6. In view of the above Agreement between the parties, the workers are required to resume work immediately. The 'application under section 34 is also disposed of in the above terms.