' This order will dispose of abovementioned three applications involving same cause of action and the prayer is also same, by this common order.
2. These are applications under section 151, C.P.C. Filed by applicants with prayer to direct the respondents and/or successor in their interest to deposit the cheques of the above short payment i,e, wages including allowance from 1-11-1997 to 13-5-1998, annual increments from 1-12-1997 to 13- 5-1998, difference of V.R.S. Amount, difference of gratuity amount, difference of exgratia 1 and 2, difference of leave encashment and G.P. Fund.
3. Preliminary legal objections with reply statement were filed by the respondents and written arguments were filed by both the parties.
4. The applicants were permanent employees by the R.E.C.P.. They were charge-sheeted and placed at Karachi from their place of work. It was also ordered that no wages be paid to the applicants and the entire wages be adjusted against the alleged amount of recovery which was yet to be proved. It was contended by the applicants' counsel that the applicants filed cases under section 22-A(a)(g) of the I.R.O., 1969 challenging the above said acts or respondents as acts of unfair labour practice in which interim prohibitory .Order was granted by this Bench of Commission.
It was further contended that in the meanwhile V.R.S. Was floated by the respondents Corporation which was accepted by the applicant and they were paid their dues on 13-5-1998 on the basis of their employment till 1-11-1997. Their contention is that since their dues were paid to them on 13-5- 1998, they were also entitled to the annual increments fallen due on 1-12-1997 and non-payment thereof again is the discrimination on the part of the respondents and it was requested for issuance of direction to the respondents to pay the difference of the dues as mentioned in the application from 1-11-1997 to 13-5-1998.
5. It is contended by the learned Advocate for the respondents that the applications are misconceived and liable to be dismissed with costs having been filed by former employees of Rice Export Corporation of Pakistan as the applicants are no more in service having accepted Voluntary Retirement Scheme floated by the Corporation. It was further contended that the applicants have been paid all the legal dues till they were in service. Since they have accepted VRS w,e,f, 31-10-1997, they cannot be treated in the employment of the Corporation, therefore, they are not entitled to any payment for the period for which they have not worked. In support of his contention, the learned Advocate for the respondents has placed his reliance-on case of Lafayette Industries Synthetic Limited Labour Union v. Lafayette Industries Synthetic Limited reported in 1996 PLC 5.
6. I have considered the arguments filed by both the parties and have gone through the applications and I am of the considered view that since the applicants have accepted V.R.S. And are no more in service of the respondent Corporation as such they are not entitled for any payment for which they have not worked. Under previous orders the respondents Corporation have released their payment. Since the dues were paid on 13-5-1998 and not within the stipulated time under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, at the most the case may be of delayed payment and not the non-payment or under payment. The respondents have also deposited the cheques of G.P. Fund in respect of the applicants which may be given to the applicants after obtaining proper receipt from them on verification.
' For the reasons stated above, these applications are hereby dismissed having no merits.