Law:

Section:

(a) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Industrial Relations Act (IV of 2008), S.55(4)---Civil Procedure Code (V of 1908), O.VIII, R.10---Constitution of Pakistan, Art.199---Constitutional petition---Written statement not signed by authorized officer---Applicability of the provisions of Civil Procedure Code, 1908 to Labour cases---Scope---Claim filed by the employee before Authority under Payment of Wages Act, 1936 was allowed on the ground that written statement was not signed by competent person---Appeal filed by employer was allowed by Labour Court and the matter was remanded to Authority for decision afresh---Appellate order of Labour Court was challenged by employee before Labour Appellate Tribunal through revision application, whereby the order of Labour Court was set aside and order passed by the Authority was restored---Contention of the petitioner employer was that Authority could not exercise powers of civil court and intricacies of Civil Procedure Code, 1908 were not applicable to Labour cases---Validity---Determination of relationship of employer and employee in Labour cases mattered in order to decide the case expeditiously---Complexities and intricacies of Civil Procedure Code, 1908 had not been made applicable in letter and spirit purposely to avoid delay---Authority under the Payment of Wages Act, 1936 had simply ignored and discarded the petitioner/employer's defence on the ground that the written statement was not filed by authorized person while the petitioner's management throughout contested the proceedings and never objected or took the plea that the person who had signed the written statement or appeared in the witness box on their behalf was not the authorized one---Labour Appellate Tribunal instead of considering the order of Labour Court on merits had simply affirmed the findings of the Authority on the applicability of O.VIII, R.10, C.P.C which was not germane and had no nexus with the case---Impugned order passed by Tribunal was set aside and the matter was remanded to Tribunal to decide the same afresh on merits. (b) Payment of Wages Act (IV of 1936)--- ----S. 17---Industrial Relations Act (IV of 2008),…

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