' AJMAL MIAN, J.--This petition is directed against an order dated 7-4-1988 passed by the learned Sind Labour Appellate Tribunal, Karachi in Application No, KAR-280 of 1985 under section 50 of the Industrial Relations Ordinance filed by respondent No, 2 for interpretation of the Memorandum of Settlement dated 29-5-1984 with regard to set-off of the increase in wages of 13.5% payable under the Employees Cost of Living (Relief) (Amendment) Act, 1985, which was allowed by the learned Appellate Tribunal in favour of the respondent No,
2. The petitioner being aggrieved has filed the present petition.
2. In support of the above petition Mr. Ali Amjad, learned counsel for the petitioner has vehemently urged that since the petitioner had filed an affidavit to the effect that the increase in the salary/wages to the extent of Rs,70 per month was made with effect from 1st January, 1984 by respondent No, 2, for the reason that the salary/wages in the other similar mills were higher and since there was no counter-affidavit, the learned Sind Appellate Tribunal should have allowed respondent No, 2's above application.
3. It will suffice to observe that the Charter of Demands made by the petitioner does not indicate that any of the demands related to the increase of salary/wages on account of the fact that in the similar mills the salary/wages were higher. On the contrary para. 1 of the Charter of Demands clearly indicates that the same was made on account of the increase in the cost of living. Under the settlement in question the respondent No, 2 has allowed Rs,70 per month increase in the salary/wages with effect from 1-1-1984 as observed hereinabove. In our view, the learned Sind Appellate Tribunal has rightly relied upon the judgment of the Supreme Court in the case of R.B.
Industries Ltd. v. Employees' Welfare Union and another PLD 1983 SC 15 relevant at page 18. It has been A held by the Hon'ble Supreme Court that an employer is entitled to set off any amount paid by him on account of increase in the cost of living while making payment of statutory increase of cost of living allowance under the Cost of Living Allowance Act.
4. The petition has no merits and, therefore, it is dismissed in limine.