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1975 PLC 20

PUNJAB TEACHERS UNION vs ADMINISTRATOR, MULTAN DISTRICT COUNCIL

Citation1975 PLC 20
CourtPunjab Labour Court
Date1973-12-17
Judge(s)Ch. Muhammad Rafiq Tarar
ResultN/A

1. ORDER Punjab Teachers' Union has moved this application under section 34 of the Industrial Relations Ordinance, 1969 through Mr. Muhammad Shati, Retired Headmaster, Government High School, Jhandirwah, District Multan, against the Administrator, District Council, Multan and two others with the prayer that "the right guaranteed and secured to the petitioner under terms of employment prescribed be allowed and respondents be directed to redress the grievance and grant all the entitlements with payment of dues up-to-date." The petitioner has stated the case in paragraph 1 of which are reproduced below:-- "It is submitted that the petitioner was employed as Headmaster, Government High School, Jhandirwah, District Multan and retired from service on 29th November 1971 when he was drawing the last pay Rs. 765 consolidated per mensem. (2) That the respondent No. 3 fixed the pension of Rs. 333.65 per mensem after surrendering l/4th of the original Pension and a Gratuity of Rs. 17,795.20,--vide his Office No. Pen-VM-385/PA-1/823, dated 30th May 1973. (3) That the District Council was required to deposit a sum of Rs. 64,017.05 into the Government Treasury as its liabilities towards Pension of the petitioner required,--vide Finance Department letter, dated 13th June 1972. (4) That the petitioner was also entitled to arrears of pay outstanding from lst June 1970 to 29th November 1971 as his pay was fixed in the scale of Rs. 450-- 1,000, with effect from lst June 1970 and a charge allowance of Rs. 50 was also to be paid to him then also according to District Seniority list the number of petitioner is two and therefore hd' is entitled to the scale (Selection Grade) of Rs. 750--1,500, with effect from lst June 1970. The fixation is still to be decided and paid. (5) That all the matters ought to have been decided before 29th November 1971 and from lst December 1971, petitioner should have received the Pension and all other outstanding dues. But despite repeated requests and demands the petitioner has not been paid so far. (6) That according to the. Pension Rules, the Pension should not have been delayed later than lst December 1971. (7) That all the dues claimed are to be evaluated on the value of currency at the time his entitlement is allowed i.e. 30th November 1971. (8) That the petitioner has suffered a loss for non-payment of the dues above-mentioned, therefore, has the right to claim damages of Rs. 20,000 in addition to the share of profit earned on the utilization of the amount of the petitioner for the period unpaid." From the above it is clear that the application has been moved for the redress of an individual grievance and such an application can only be made to the Junior Labour Court under section 25-A of the Industrial Relations Ordinance, 1969, section 34 of the Industrial Relations Ordinance as it stood before the commencement of Industrial Relations (Amendment) Act, 1973 was as follows :-- "Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." On 9th February 1973, this section was amended by the Industrial Relations (Amendment) Act XXIX of 1973 and the words "or workman" were omitted and now only the collective bargaining agent or an employer can make an application for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement. The instant application has been made to enforce the right of Mr. Muhammad Shafi who is neither a CBA nor an employer and in this view of the matter, the application is not maintainable. It is, therefore, dismissed in limine.

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