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P L D 1958 SC 153

DALMIA CEMENT LTD
V/S
DALMIA CEMENT WORKERS’ UNION AND OTHERS

Constitution of Pakistan, Article 160. Special leave to appeal

—Granted to consider limits within which Supreme Court may properly interfere with award of Industrial Tribunal under
Industrial Disputes act (XIV of 1947).

Special leave to appeal was granted where the Industrial Tribunal had not appreciated the basic kprinciples applicable
tothe case,, but had based the award on opinion and inferences which were unsupported by facts, where there was no roper
consideration of the cointentions of parties or the available data on record, the award being merely guess work. [pp.155-156]A&B.

Constitution of Pakistan, Article 16—Compulsory overtime  work in Industrial establishment—Not against Article 16.

Under Paragraph 30 of Standing Order 30 issued under the Employment (Standing Orders) Act (XX of 1946) every workman isk bound (except on valid grounds) to work extra hours when required to do so provided that overtime working shall be regulated according to law.

Where an Industrial Tribunal was under an erroneous impression that a workman was bound to do only the ordinary workand that making overtime work compulsory would be going against the spirit of Article 16 of the Constitution. [p.157]D.

Held, that the Tribunal’s finding was arbitrary and  fundamentally opposed to law and practice. [p.157]E.

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