1. DECISION ' This is an appeal filed on behalf of the Management hereinafter mention-Multan hereinafter mentioned as appellant against the order dated 12th February 1973, passed by the learned Junior Labour Court, Multan directing the payment of gratuity alongwith any other benefits permissible under the law to the respondents namely, Noor Muhammad, Allah Dad, Muhammad Boots, Muzafar Khan, Abdul Aziz and Atta Muhammad. The appellant included Muhammad Sadiq as respondent No, 7 in fructuously as his name does not accrue in the impugned order as one of the petitioners.
2. The respondents resigned from their jobs in the month of November and December 1972, and claimed their gratuities from the date of their first appointment under Order 12 (5) and (6) of the West Pakistan Industrial and Commercial Employment (Standing Orders) (Amended) Ordinance, 1972. The learned lower Court approved the claim of the respondent under the impugned order.
3. ' In the present appeal the mainstay of the appellant is that the respondents were not eligible to the payment of gratuities with effect from the dates of their first appointment at the enhanced rate enforced under the amendment of the relevant provision of the Standing Orders Ordinance enforced on 27th May 1972, and 15th November 1974. It was contended that the enhanced rates of the gratuity could be allowed to the respondents with effect from the dates the amendments were enforced. It was urged that according to the Standing Orders Ordinance, 1968, a workman was allowed to get the gratuity equivalent to fifteen days wages calculated on the basis of the wages admissible to him for every completed year of service or any part thereof in excess of six months while under the amendments introduced later on this rate was enhanced to 20 days wages for every completed year or a part aforesaid with any retrospective effect.
4. The contention of the appellant has no force inasmuch as the payment of gratuity must relate to the date of first appointment of the workman and cannot be construed to relate to the date of amendment of the relevant provision. Because the relevant provision stands amended for the benefits of workmen to be awarded to them immediately after the amendment and the benefits given under the amendment directly relates itself with the date of the first appointment of the workman and with no other date. Accordingly the impugned order cannot be excepted and the same being upheld the appeal is dismissed.