This is an application under section 51 of I.R.O. 1969 filed by Yousuf Textile Printing Mills Workers Union through General Secretary stating therein that applicant is General Secretary of the Yousuf Textile Printing Mills Workers Union which is registered "Collective Bargaining Agent" Union of respondent. That an agreement was executed between the respondents and the applicant Union on 29th January, 1984 and according to various clauses of the said settlement the respondents were legally bound to pay benefits to their workers as per clauses 1. 5, 6 and 21 of the said Settlement.
2. That the applicant Union requested the respondents several times for giving the benefits to the workers as per terms of settlement but the respondents avoided to pay the benefits and, therefore, the Collective Bargaining Agent Union approached this Court to pass an order for recovery of an amount of Rs.4,62,384 from the respondents being the benefits as per settlement
3. The notice was issued to the respondents and the respondents were served to appear and file reply statement. The respondent remained absent and, therefore, this Court passed an ex parte order and adjourned the matter to 30-1-1986 for ex parte proof.
4. The applicant filed the ex parte proof.
5. I have heard the representative appearing for applicant and perused the record of the case.
6. In order to appreciate the provision of law, I would like to produce provision of section 51 of I.R.O.
Which reads as under: - ---51. Recovery of money due from an employer under a settlement of award.-- (1) Any money due from an employer under a settlement, or under an award or decision of the Arbitrator, Labour Court or, Tribunal may be recovered as arrears of land revenue or as a public demand (if, upon the application of the person entitled to the money, the Labour Court so directs.)
(2) Where any workman is entitled to receive from the employer any benefit, under settlement or under an award or decision of the Arbitrator, Labour Court or Tribunal, which is capable of being computed in terms of money, the amount at which such benefit shall be computed may, subject to the rules made under this Ordinance, be determined and recovered as provided for in subsection
(1) and paid to the workman concerned within a specific date.---
7. According to provisions of section 51 of I.R.O. 1969, any money due from an employer under any settlement or under any award or decision of the arbitrator, Labour Court or Tribunal may be recovered as arrears of land revenue or as public demand, if upon the application of the person entitled to the money the Labour Court so directs.
8. In this case admittedly the General Secretary of C. B. A. Union approached this Court for an order to direct the respondents to pay the benefits as per agreement arrived at between the parties.
9. The individual workers have not approached this Court for any direction to the employer to pay the benefits. In absence of an application by the workers, in my opinion this Court is not competent to pass an order as claimed by the applicant Union.
10. The perusal of the provisions of section 51 of I. R.O. Do not entitle the C.B.A. Union to approach the Labour Court on behalf of all workers for the relief claimed in the present case. The provisions R entitled the workers to approach the Labour Court for any money due from an employer under any settlement, award or decision of arbitrator, Labour Court or Tribunal.
11. The representative for the applicant has not cited a single case to show that the C.B.A. Union is competent to approach this Court under section 51 of I. R. 0.1969, for the relief as claimed by it.
12. I am, therefore, inclined to hold that the present application is not maintainable in its present form. If any individual worker thinks f that any money is due from the employer he can approach the Labour Court under section 51 of I.R.O.1969.
13. As a result of my above discussions I am satisfied that the present application is not maintainable and the same is hereby dismissed.