C.P No. D-959/2010
For Katcha Peshi
Mr. Jamshed Ahmed Faiz for the petitioner.
Mr. David Lawrence for respondent No. 5.
Learned counsel for the petitioner was confronted with the question as to whether remedy under the Payment of Wages Act for recovery of overtime payment and remedy under Section 41 of Industrial Relations Act for claiming rights under the settlement could be invoked by the workers or not. Learned counsel was further confronted with the Judgment of this Court in the case Democratic Workers’ Union CBA V. State Bank of Pakistan, 2002 PLC (CS) 614, wherein it has been held that a CBA cannot maintain Constitutional Petition in respect of rights of workers and the case of Karachi Pipe Mills Employees Union, Karachi V. Karachi Pipe Mills Limited, Karachi, 1992 SCMR 36, and was asked to argue as to whether Collective Bargaining Agent can maintain Constitutional Petition in respect of rights of workers. Learned counsel seeks time to bring case law on this point.
At his request, adjourned to
Judge
Judge
Rashid Ali