DECISION This is an appeal against an Award of the learned Presiding Officer, Labour Court No. V, dated the 7th of May, 1974 in an application under section 32(1-A) of the Industrial Relations Ordinance, 1969 (hereinafter called the 'Ordinance'). Mr. A. Majeed, the learned Representative for the Union confined his arguments to the rejection of the demand regarding bonus and promotion of Messrs Naimatullah and Ansari.
2. The leamed Labour Court refused to grant bonus on the ground that it was a right guaranteed in law inasmuch as Standing Order 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 guaranteed the right to recover the same and therefore it could not be said to be an Industrial Dispute as it could not be subject-matter of negotiations by 'Collective Bargaining Agent'. In this connection the leamed Court relied on my decision in the case of Johnson & Johnson in which I have observed that the question of bargaining does not arise where 1he point is guaranteed by law. However, as the point has been put up by Mr. A. Majeed, the learned Representative of the appellant-Union, I was inclined to remand the case for decision. Mr. Majeed argued that the bonus he was claiming is not the one guaranteed under Standing Order 10-C. It, however, appears from the Settlement dated the 29th of April, 1972 that during the subsistence of the said Settlement i.e.,' 29th of April. 1972 which was to remain effective up to the 31st of December, 1973 the Union had agreed that it will not raise any demini which might have any financial implication. The parties under the Settlement dated 29th of April, 1972 which is at page 75 of the record of the Labour Court (Exh. 3-P) agreed as under:-- "This Settlement shall be effective from 1st January, 1972 and shall be binding on the parties for a period of 2 years i.e., up to the 31st of December, 1973. The Union agrees and declares that during the period this Settlement is effective and binding as above, it will not raise (a) any of the demands contained in Annexure 'A' hereto and (b) any further demand having any financial implications directly or indirectly. Provided however that in case of increase of more than 5 % (five per cent.) in the cost of living indexes for industrial workers and clerical wage earners issued by the Central Statistical Office, Government of Pakistan, Karachi, when compared for 31st March, 1972 to December, 1972 the Company may at the request of the Union sympathetically consider the possibility of an appropriate increase in the salaries and wages in January, 1973 subject to its financial position. It will be open to the Company to introduce such changes as are from time to time necessary to increase productivity and the Union will give full support in this respect." In my opinion the above term simply bars the Union to raise the issue of bonus even if it could be raised up to 31st of December, 1973.
3. The second contention of Mr. Majeed related to increase in the pay of Messrs Naimatullah and Ansari. They are both admittedly enjoying the highest pay in Code A-3.
Mr. Majeed contended that as a routine these two persons should be given Code A-4. Promotion to Code A-4 depends upon number'of circumstances in the discretion of the Management, for instance, hard and honest work, efficiency and seniority. This is in the discretion though bona fide of the Management. Nothing have been shown to me that Management had acted in the case of these two persons in withholding promotion to Code A-4 due to mala fide or because of ulterior motive. No other point was urged.
4. The appeal, for the reasons given above, is dismissed.