Full Judgment Text & Judicial Ruling

Court Name: Labour Court Judge(s): Malik Lehrasap Khan Title: EMPLOYEES UNION vs HOTEL INTERCONTINENTAL TROUGH ITS MANAGEMENT S Case No.: Petition No, 39 of 1975 Date of Judgment:1975-09-29 Reported As: 1978 PLC 224 Result: Petition accordingly dismissed.

JUDGMENT

JUDGMENT ' Hotel Intercontinental Employees' Union, hereinafter referred to as the petitioner-Union filed the under consideration application under section 34 of the Industrial Relations Ordinance, 1969, against the Management of Hotel Intercontinental, Lahore for the enforcement of the rights as detailed in the Annexure 'B' to the application. It is contended that those rights were guaranteed to the Union by the ?Management as a result of settlement dated 3rd April, 1972. 2. The respondent resisted the application and pleaded that the settlement had since expired and that previously an application was filed by the petitioner-Union for the enforcement of these rights and that application was withdrawn by the petitioner, therefore, the present petition was not competent. 3. Parties were asked to lead evidence. Mr. Akhtar Ali Pirzada, General Secretary of the petitioner- Union appeared on behalf of the petitioner and stated that previously an application was filed by the petitioner-Union for the enforcement of the Rights which are sought to be enforced through the present petition. He further admitted that the said previous application was withdrawn by the petitioner-Union because the respondent had agreed to sort out the matter by mutual negotiations. 4. In rebuttal Mr. Waseem Sajjad, Advocate Counsel for the respondent testified that no undertaking was given to the petitioner that the matter would be sorted out through bilateral negotiations. He stated that the withdrawal of the previous application was unconditional. 5. It transpires from the parties evidence that the previous application filed by the petitioner-Union for the enforcement of the rights which are sought to be enforced through the present petition was

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withdrawn by the petitioner-Union unconditionally. The second petition is therefore legally not competent and is accordingly dismissed.

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