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1975 PLC 697

GHULAM KHAN And 5 Other vs Messrs PAKISTAN BURMAH SHELL Ltd., KARACHI

Citation1975 PLC 697
CourtNational Industrial Relations Commission
Case No.Case No. 18(242) of 1974
Date1975-03-08
Judge(s)Abdul Hameed Malik
ResultN/A

1. AWARD Ghulam Khan and five other employees of Sargodha Depot of M/s. Pakistan Burmah Shell Limited have made this application for directions under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952. They have represented that the respondents have allowed increase in wages and improved other terms and conditions of service of the workmen employed in their establishments at Karachi vide Settlement dated 29-4-1974. They have, therefore, requested that the applicant may also be allowed equivalent wage increase and revised improved conditions of service. The respondents made an application on the 16th December 1974 praying that they were negotiating with the Burmah Shell Employees' Union in respect of the terms and conditions of employment of the permanent workmen employed by the respondents at up-country including Sargodha Depot and that the application of Mr. Ghulam Khan and others may be rejected. The respondents also mentioned that they had executed a settlement on 29- 4-1974 with Karachi Petroleum Workers' Union and that they had all along kept their offer open to negotiate with Burmah Shell Employees' Union as well but the said Union commenced negotiations with them in the last week of October 1974. While the case was still pending for decision, the respondents entered into an agreement with the Burmah Shell Employees' Union on 9th January 1975 and certain financial benefits were made effective from lst October 1974 i.e. the date of expiry of the previous Settlement. According to the respondents by virtue of this Settlement all up-country workmen were accorded the benefits which are same or similar to those accorded to the workmen in Karachi as per settlement dated 29-4-1974. It was therefore pointed out by the respondents that the application made by Ghulam Khan and five others had become infructuous. I have examined the comparative statement submitted by the respondents and feel that almost the same benefits have been allowed to the workers employed in Sargodha Depot except that in term No. 14. there is a difference of Rs. 5 in the payment of allowance for which cogent reasons exist. I do not consider the request made by Ghulam Khan and others that tiie agreement be made effective for them from 1-7-1973 as justified for the simple reason that it has been entered into by the Management with the CBA and the requests made by individual workers to change the terms of Settlement by obtaining Directions under section 6 of the Essential Services (Maintenance) Act, 1952 would lead to setting up a very bad precedent for other workers to apply for individual benefits. I, therefore, reject this application.

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