DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated July 26, 1973, whereby he held that Mohammad Shareef the respondent was entitled to Graduation Allowance of Rs. 25.00 since 7th June 1972. Mr. Itrat Hameed Puri, the learned Representative for the appellant has raised two-fold contentions, which I propose to deal presently.
2. In the first place, he contended that the learned Labour Court, on the face of it, made a mistake in awarding Graduation Allowance since*7th June 1972. The respondent himself prayed in his application, it is submitted, that he was entitled to Graduation Allowance since January 1973, since he graduated on 11th January 1973. Mr. Suleman Habibullah, the leamed Representative for the respondent, concedes that the respondent is not entitled to Graduation Allowance since June 1972, but only from 11th January 1973. I would, therefore, hold that the respondent is entitled to Graduation Allowance only since 11th January 1973. - !
3. In the second place, Mr. Puri relying on paragraph 7 of the settlement arrived at between the parties dated 7th June 1972, contended that it was in the discretion of the Management to consider the cases of those clerks, who were low- paid clerks and who had graduated, as to whether special increment up to Rs. 25.00 per month be granted or not. Paragraph 7 of the settlement reads as under :-- "The Management have assured that such low-paid clerks, who have completed their graduation (Bachelor's Degree) and have not been encouraged on that account in the past will be considered for a suitable special increment up to Rs. 25.00 (Twenty five) per month.** 4. Mr. Puri contends that Mr. Shaikh Abdul Husein, Assistant Secretary of the Management, considered the case of the respondent and as he was drawing Rs. 350.00 per month at the time of his Graduation, the .Graduation Increment in his case was not granted. There is no force in this contention. As he was drawing Rs. 350.00 he is a low-paid clerk is a question of fact. The settlement itself does not give any clue to hold that a clerk drawing Rs. 350.00 per month was a low-paid clerk. I would interpret paragraph . 7 of the settlement to mean that any clerk, who had graduated, will get an increment of Rs. 25.00 per month. The words "upto Rs. 25.00" did not mean that the Management had any discretion to reduce the amount to Rs. 25.00. All that it means is that the low-paid clerks will not get a Graduation Increment of more than Rs. 25.00. In these circumstances, I would hold that Mohammad Shareef would be entitled to Graduation Allowance from 11th January 1973 of Rs. 25.C0. The award of the learned Labour Court is modified to this extent that Mohammad Shareef will be entitled to Graduation Allowance from 11th January 1973 of Rs. 25.00.