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1996 PLC 698

DILON LIMITED LABOUR UNION vs Messrs DILON LIMITED

Citation1996 PLC 698
CourtLabour Appellate Tribunal
Case No.KAR-463 of 1992
Date1995-10-19
Judge(s)Mushtaq Ali Kazi
ResultOrder accordingly

DECISION ' This application was filed before this Tribunal under section 50, I.R.O. On 20-10-1985 by Mr. Abdul Majeed, Representative for the Union on behalf of Dilon Ltd. Labour Union, Landhi against their employers' Dilon Ltd., Landhi. In this application it was contended that the benefits granted under the settlement dated 31st January, 1984 were in respect of increases granted to the workers for their efficiency and good conduct and had nothing to do with any cost of living allowance or other benefits they were already drawing. That the Tribunal may decide this question of payment as being over and above the Cost of Living Allowance and other allowances admissible to the parties.

2. Section 50 of the I.R.O. Does not invest the Tribunal with jurisdiction by way of appeal to grant due benefits to the workers as claimed by them. This jurisdiction under section 50 is not analogous to the appellate jurisdiction under section 38(3). Here the Tribunal can only act when any difficulty or doubt arises as to the interpretation of any award or settlement. Under the Rules of Interpretation the same is to be made according to the language used and not according to the intention attributed to the makers of this settlement. When the language is plain we cannot go back and search for the real intention of the parties.

3. In this case there are six terms of settlement followed by other necessary conditions:--

(i) It relates to flat increase in the basic wages of Rs,30 per month effective from 1st December, 1983. This is King's English and requires no further simplification. The increase of the basic wages by Rs,30 per month.

(ii) After the basic wages there is an increase in allowance. This has been increased from Rs,65 per month to Rs,100 per month with effect from December 1, 1983. So, the total allowance will amount to Rs,100 per month.

(iii) The Chemical Allowance has been increased from Rs,80 per month to Rs,120 per month with effect from same date.

(iv) Conveyance Allowance has been increased from Rs,70 per month to Rs,80 per month with effect from same date.

(v) House Rent Allowance has been increased from Rs,42 per month to Rs,62 per month from the same date. .

(ii) Instead of cloth a sum of Rs,358 would be granted each year in the 1st week of Ramazan as Eid gift.

4. The further explanation makes it very clear that the benefits stated above will not be in addition to any benefits already announced or granted by any law. This settlement was to remain in force from 1st December, 1983 to 30th November, 1985. The benefits were to be effective from December 1, 1983.

5. This is the clear worded Agreement which does not admit any other interpretation or ambiguity to be clarified. It is the most clearly worded settlement and if the Workers' Union desires still better terms, this Tribunal has no jurisdiction to consider their request. The application is disposed of accordingly.

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