DECISION This is a Revision Application filed against the order dated 23-2-1991 passed by learned Presiding Officer, Sindh Labour Court No,1 whereby the compromise application filed by parties before the learned Labour Court in Appeal No,1/90 under section 17 of Payment of Wages Act against the order of Authority under Payment of Wages Act was rejected.
2. I have heard Mr. Nazar Akber learned counsel for the applicant and also gone through the relevant papers produced alongwith the memo. Of Revision Application.
3. It appears that about 852 workers had authorised one Noor Mohammad, an office-bearer of the CBA union to recover the arrears of their wages through Authority under Payment of Wages Act. It appears that the Authority had allowed their claim in full and ordered the management to deposit Rs,3,01,742.27 in respect of the claim of workers. The management filed an appeal against the said order of the learned Authority. In appeal the aforesaid Noor Mohammad entered into compromise application with the management, under which he gave up the claim of those workers in respect of 13.5% increase in wages w,e,f, 1-7-1985, who were no more in the service of the establishment, and also inserted certain clauses in the agreement which were not subject-matter of the original application before the Authority. In the opinion of the learned Labour Court such compromise application was not lent and could not be allowed..
4. The right to receive increase of 13.5% in the wages is conferred upon all such workers who were in the employment of the establishment from 1-7-1985 by virtue of subsection (6) of section 3 of the Employees' Cost of Living Act, 1974. This subsection was added by Employees' Cost of Living (Relief)
Act, 1985. This is a right conferred by law which cannot be taken awayfrom the workmen. As Noor Mohammad was the to recover the arrears, he could not have the right to give up the claim of certain workers, who were in service of the establishment on and after 1-7-1985 but had left the service of the respondent before the compromise application was moved, as this right was conferred upon them by law. As such the learned Labour Court had rightly refused to accept compromise application. I see no illegality in the order to call for any interference by this Tribunal in exercise of its suo motu revisional powers under section 38(3-A) of IRO, 1969. The Revision Application is dismissed. The learned Labour Court to dispose of the appeal on merits unprejudiced by its previous order or by this order of the Tribunal.