| Citation(s) |
|---|
| 2004 SLG 2852 2004 SLD 2852 2004 PLD 416 |
Supreme Court of Pakistan
Civil Petitions Nos. 2754, 2764 & 2765 of 2001, decided on 28th January, 2004.
SYED DEEDAR HUSSAIN SHAH AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Petitions Nos. 2754, 2764 & 2765 of 2001, decided on 28th January, 2004.
SYED DEEDAR HUSSAIN SHAH AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court for Petitioner. Nemo for
Respondents
LAWRENCEPUR WOOLLEN AND TEXTILE MILLS LTD.
VS
GOVERNMENT OF THE PUNJAB and others
Law:
Section:
(a) Payment of Wages Act (IV of 1936)--- ----S. 15---Authority, jurisdiction of---Scope and extent---Decision of claims---Procedure---Authority appointed under S.15 of Payment of Wages Act, 1936,is not required to follow definite rules with regard to procedure and evidence---Authority is free to hold such inquiry as may be necessary for adjudicating claims of certain classes of employees--Procedure of adjudication by the Authority is not provided by law--Authority may decide the claim by providing an opportunity of hearing to the parties, keeping in view the rules of reason, justice and fairplay---Authority is free in the matter of deciding disputes, without there being any guidance of procedural laws as to the conduct of proceedings as well as evidence---Authority is empowered to exercise certain powers and to take judicial proceeding as are vested in a Civil Court under the Civil Procedure Code, 1908, but only for a very limited purpose---Authority does not have any inherent powers which are available to a . Court of justice---Authority cannot render binding s on complicated questions of law---Process of investigating or adjudicating the claim of certain employees for giving a direction for payment of wages is not a trial of suit at law---Normal Court procedure is not applicable to the Authority---All necessary attributes and trappings of a Court of law are not attached to the Authority. (b) Payment of Wages Act (IV of 1936)-- ----S. 15---Constitution of Pakistan(1973), Arts. 175 & 185(3)--Recovery of wages-- -Authority, jurisdiction of---Employees filed applications before the Commissioner for Workmen's Compensation as the Authority under S.15 of Payment of Wages Act, 1936---Employer raised objection to the jurisdiction of the Authority which objection was set aside by the High Court---Validity---Authority/Tribunal had been established through a valid legislation which did not offend or violate the concept of independence of judiciary as contemplated by Art.175 of the Constitution---Judgment of High Court was based on sound reasons and was plainly correct and the same did not warrant any interference by Supreme Court---Leave to appeal was refused.…
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