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Petitioner: Messrs ISHAQUDDIN SIDDIQUE VS Respondent: Messrs PAKISTAN MACHINE TOOL FACTORY, (PVT.) LTD., KARACHI and another
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:Messrs ISHAQUDDIN SIDDIQUE vs Messrs PAKISTAN MACHINE TOOL FACTORY,
(PVT.) LTD., KARACHI and another Case No.: Appeal No, KAR-292 of 1994 Date of Judgment:1995-11-20 Reported As: 1996 PLC 231 Result: Order accordingly Judgment DECISION ' Appellant Ishaquddin was working in State Engineering Corporation (Pvt.) Ltd., as a Supervisor in Grade-IV. He was then transferred to Pakistan Machine Tool Factory in November 1988 in the same category, but Grade-IV of the State Engineering Corporation was equivalent to Grade-X of the Machine Tool Factory. That was post of supervisory nature. The respondent's grievance petition was pending at that time. He claimed that he was a worker and posted in the same category and entitled to Bonus. He was allowed Grade-VI as a workman for claiming the Bonus amount of Rs,5,845 since he was prepared to forego Grade-X according to which the amount of Bonus was Rs,6,745 but having succeeded in getting the Bonus the appellant again claimed that he was in Grade-X and entitled to Rs,6,745 but a person cannot below hot and cold at the same time. Having agreed to Grade-VI as a worker, he could not afterwards claim Grade-X, on the analogy of his previous job in the State Engineering Corporation. He should therefore be continued to remain in the accepted Grade-VI of the Machine Tool Factory as opted by him. He could not be permitted to change his option, having once accepted Grade-V1 in the Machine Tool Factory. He would therefore be entitled to Bonus of Rs,5,845 and not Rs,6,745.
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