1. ORDER The General Secretary, Sui Northern Gas Pipelines Employees* Union, Multan has submitted this application under section 34 of the I. R. O., 1969 (as amended) for payment of statutory bonus for the year 1971-72 to the employees of Sui Northern Gas Pipelines Ltd. under Standing Order 10-C of the Schedule to the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.
2. It has beea stated by the applicant that they had requested * the Managing Director of the Company vide their letter dated 2-6-1973 but the authorities denied their right established under Standing Order 10-C, The respondent have raised preliminary objections that the present petition under section 34 is not maintainable for the reason that the Essential Services (Maintenance) Act, 1952 has been made applicable to Sui Northern Gas Pipelines Ltd. They further stated that the petitioner-Union is CBA and the respondent had entered into a Settlement with them on 1-8*1973.
3. Clause 2 of the said Settlement which relates to bonus runs as under:-- "It is explained by the Management that the question of bonus is directly related to the profits made by the Company and as such the demand was withdrawn." The Management, however, subsequently agreed to pay two bonuses for the years 1970-71 and 1971-72. The respondent further pointed out that in reply to the Union's request for payment of statutory bonus they had informed that the two months* bonus paid to them was directly related to the profits and was in fact much more than provided under section 10-C and as such they had complied with the requirement of the law. The learned counsel for the respondent quoted findings of the High Court of Sind & Baluchistan reported in 1972 PLC 464 and PLD 1961 SC 39 and 479 and prayed that the applicant was not entitled to any additional bonus. I find that the applicant-Union had submitted a Charter of Demands on 24-3-1971 which included the demand for bonus as under:-- '*4 salaries shall be paid as bonus to all employees every year who have got 6 months' minimum service at their credit (starting from financial year 1970-71." This demand was settled as follows : "It was explained by the Management that the question of bonus is directly related to the profits made by the Company and as such the demand was withdrawn." This settlement was signed for a period of 1 year and 11 months expiring on 30th June 1973 and it was agreed by the Union that in view of the acceptance by the Management of the bulk of their demands and in consideration of the signing of the present agreement up to 30- 6-1973, the Union and the workmen shall not raise or make any further demands involving financial implications or otherwise with the Management during the existence of this Agreement. On 14th May 1973 the Union submitted another Charter of demands on the Management which also included the demand for bonus as under:-- "3 salaries shall be paid as bonus to all workers. This will take effect from the bonus year 1972-73." The settlement on this demand was arrived at as under:-- "It was agreed that 2 bonuses will be paid to all workers on their salary as on 30-6-73.
4. Since the bonus is paid on the basis of the profits of the Company it would include the statutory bonus payable under law." Under this Settlement which was signed for 2 years expiring on 30th June 1975 it was further agreed by the Union that they shall not raise or make any further demands involving financial implications or otherwise with the Management during the existence of this agreement. It is regrettable to note that although the Settlement has been made effective from lst July 1973 the date on which the settlement was actually signed has not been mentioned anywhere.
5. The Union, however demanded statutory bonus under their letter dated 2-6-1973 presumably when the negotiations were going on with the Management on the demands including demand for bonus. The Union ha3 agreed not to raise any demand involving financial implications both under the settlement which remained in operation from 1-7-1971 to 30-6-1973 and Settlement made effective from K7-1973 to 30-6-1975. ' The Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 \vas amended on 13th April 1972 to provide for statutory bonus under section 10-C. It is not understood as to why the Union did not raise this demand for statutory bonus for the year 1971-72 immediately after the promulgation of the Labour Laws (Amendment)
6. Ordinance, 1972. Not only that in subsequent Charter of demands submitted by the Union on 14-5- 1973 they demanded bonus for the year 1972-73 only and never mentioned anything about payment of statutory bonus for the year 1971-72. Further the Union also agreed under this Settlement as well not to raise any demand involving financial implications. In other words the Union acquiesced to the payment of statutory bonus for year 1971-72 as indicated in the Company's letter dated 13th July 1971. This being the position, I do not find any justification for allowing statutory bonus for the year 1971-72 to the Union and dismiss the application.