| Citation(s) |
|---|
| 2011 SLG 1616 2011 SLD 1616 2011 PLC 258 |
Sindh High Court
Constitutional Petition No.D-673 of 2009, decision dated: 7-12-2010.
AMIR HANI MUSLIM AND IRFAN SAADAT KHAN, JJ
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Constitutional Petition No.D-673 of 2009, decision dated: 7-12-2010.
AMIR HANI MUSLIM AND IRFAN SAADAT KHAN, JJ
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MEHMOODULHASSAN and others
VS
GOVERNMENT OF SINDH and others MEHMOODULHASSAN and others vs GOVERNMENT OF SINDH and others
Law:
Section:
Payment of Wages Act (IV of 1936)------S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Alternate remedy---Petitioners were employees of respondent organization and during pendency of their applications under S.15 of Payment of Wages Act, 1936, the same was transferred to another city---Plea raised by petitioners was that no opportunity was provided to them before transfer of cases---Validity---Alternate remedy was available to petitioners under relevant provisions of Payment of Wages Act, 1936---All pleas which were taken by petitioner before High Court could be taken before appropriate forum---When there was alternate remedy available to petitioners, constitutional petition was not maintainable and petitioners might avail alternate remedy available to them under the law---Petition was dismissed in circumstances. PLD 1991 SC 385; 1986 SCMR 959; 1981 PLC 561; PLD 1979 Kar. 725 and PLD 2004 Kar. 620 ref. Miss Nasim Abbasi for Petitioners. Allah Bachayo Soomro, Addl A.-G. for Respondents Nos.1 to 3. Vizarat Hussain Zaidi for Respondent No.4. ORDER IRFAN SAADAT KHAN, J.---This petition has been filed challenging the letters/orders dated 24-7-2009 and 10-9-2010 ordering transfer of applications from the Presiding Officer of Authority, under the Payment of Wages Act at Mirpurkhas to the Presiding Officer at Hyderabad, being without lawful authority and is in violation of the principles of natural justice. 2. Briefly stated the facts as they appear, the petitioners were the employees of the Digri Sugar Mills Limited, (respondent No.4) and after tendering their resignations they filed application under section 15 of the Payment of Wages Act 1936 (the Act) before the respondent No.3, seeking direction against the respondent No.4 to clear their dues. The respondent No.3 issued notice to the respondent No.4. In the meantime, when the proceedings were pending, the petitioners came to know that their matter has been transferred from the Presiding Officer Mirpurkhas to the Presiding Officer at Hyderabad. Being aggrieved with the said transfer the present petition has been filed. 3. Miss Nasim Abbasi, learned counsel appearing on behalf of the…
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