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Petitioner: WORKERS, UNION VS Respondent: Messrs PAKISTAN HERALD PUBLICATIONS
Court Name: Labour Appellate Tribunal Judge(s): Ali Nawaz Budhani Title: WORKERS, UNION vs Messrs PAKISTAN HERALD PUBLICATIONS Case No.: Appeal No. KAR-170 of 1985 Date of Judgment:1986-02-02 Reported As: 1987 PLC 13 Result: Appeal dismissed
Judgment DECISION The General Secretary on behalf of certain workers, not named in the said application, filed a case under section 25-A, I.R.0., 1969. The subject-matter in this application mainly is that certain allowances etc. Have not been included in the bonus paid to the workers. 2. The stand taken by the respondents, namely, Pakistan Herald Publications that the very application is not maintainable as it did not name the aggrieved persons. 3. The reliance is placed on 1984 PLC 1359. In this Full Bench authority, it was contemplated that workers themselves may file their grievance applications under section 25-A or 25-A(10) of I.R.O., 1969, before the Labour Court , but section 34 would not apply in case of individual workers. Section 34 (as amended by Industrial Relations) (Amendment) Act, 1973, and Section 25-.A object of omitting word 'workman' from provisions of section 34 seems to be that in section 25-A, I.R.O., 1969, right has been given to workman to seek redress A of his grievance in respect of any right guaranteed or secured to him by or under any law or by any award or settlement in manner provided therein. Section 34 of I.R.O. 1969 is as under: - Application to Labour Court.-- Any collective bargaining agent or any employer may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 4. In nutshell it contemplates that only Collective Bargaining Agent or employer can apply to the Labour Court for enforcement of any right guaranteed or secured to him or to it by or under any law or any award or settlement and not to the workman. So, section 34 does not apply where
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workman is agitating his own case or the case of other workman. He can only agitate under section 25-A or under section 25-A(10) of I.R.O. 1969. In the instant case, the aggrieved workman is not named. Therefore, the application under section 25-A, I.R.O. 1969, is -not maintainable. The appeal is accordingly dismissed.