DECISION This application has been made under section 50 of the Industrial Relations Ordinance, 1969, by the Employees' Union of Wazir Ali Industries for the interpretation of Clause 9 of the Settlement, dated 14th of April, 1973, which reads as under:-- '*9. Bonus.--{a) The Company agrees to the payment of 65 days' basic wages/salaries as on lst January, 1973 as Profit Bonus including Statutory Bonus as per Standing Order 10-C and other provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, to all the permanent workers and the subordinate staff for the year ending 31st December, 1972, who have been in Company's employment in 1972 for a continuous period of not less than ninety days on the following basis: Duration of Service Bonus in Days One year complete 65 days. 9 months or above but less than l2 months. 43 days. 6 months or above but less than 9 months 32 days. 3 months or above but less than 6 months 21 days. (b) The Profit Bonus for the year ending 31st December, 1973 including Statutory Bonus as per Standing Order 10-C and other provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, shall be 65 days' basic salary. (c) It has been agreed that in case there is no Profit, no Bonus shall be paid." The aforesaid Clause as it reads admits of no ambiguity and requires no clarification. It is plain that the rate of bonus has been clearly stated. I, therefore, asked the learned counsel as to how the ambiguity had arisen and what needed clarification. His answer was that the employees were entitled to Bonus at the rate of 30% of the profit according to Standing Order 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and, therefore, any contract contrary to that provision was null and void. There can be no dispute with the legal1 proposition that a workman is entitled to bonus as laid down by Standing Order 10-C but this reference, as it is purported to be, is misconceived. The remedy available to the employees is by way of either raising the Industrial Dispute by following the proper procedure as laid down by the I. R. O., 1969 or by making an application under1 section 34 of the same Ordinance to the Labour Court, and it will be then forr' the Labour Court to find out as to whether the Bonus awarded by the Contract or under section 10- C is more beneficial to the employees and, the controversy will be resolved accordingly. The reference, as has been made, is not maintainable.
2. For the reasons stated above, the reference is dismissed, with no order as to cost. Reference rejected.