| Citation(s) |
|---|
| 2014 SLG 2719 2014 SLD 2719 2014 PLC 308 |
Lahore High Court
Writ Petition No. 1865 of 2013, Dated: 21st February, 2014.
SHUJAAT ALI KHAN, JUSTICE
Rai Shahid Salim Khan for Petitioner. Rana Shamshad Khan, Asstt.A.G. for
Respondents. Tanvir Ahmad Ghumman for
Respondent No.2.
Writ Petition No. 1865 of 2013, Dated: 21st February, 2014.
SHUJAAT ALI KHAN, JUSTICE
Rai Shahid Salim Khan for Petitioner. Rana Shamshad Khan, Asstt.A.G. for
Respondents. Tanvir Ahmad Ghumman for
Respondent No.2.
SAMAD RUBBER WORKS (PVT.) LIMITED THROUGH MANAGING DIRECTOR
VS
AUTHORITY UNDER PAYMENT OF WAGES ACT, 1936 AND 2 OTHERS
Law:
Section:
(a) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 16---Filing multiple claims through single application---Scope---Multiple claims could be filed by an aggrieved person through a single application---Authority under Payment of Wages Act, 1936 was bound to respond to such claims in accordance with law. (b) Payment of Wages Act (IV of 1936)--- ----S. 15---Dismissal/termination of "workman"---Jurisdiction of Authority under Payment of Wages Act, 1936 to adjudicate upon such matter---Scope--- Authority under Payment of Wages Act, 1936 had no jurisdiction to adjudicate upon the matter regarding dismissal/termination of a "worker" or "workman" but at the same time when conduct of the employer himself seemed to be dubious and the dismissal/termination had direct bearing upon allied matter then the Authority could determine as to whether employee was dismissed from service or not irrespective of the question of its legality. Habib Sugar Mills Ltd. v. Commissioner Workmen's Compensation and Authority under the Payment of Wages Act Nawabshah and another 2004 PLC 54 rel. Syed Muhammad Anwar Shah and 4 others v. Manager, Pervaiz Textile Mills, Lahore 1995 PLC 530 and Pakistan Railways through Divisional Superintendent, P.W.R., Multan Division and 4 others 1995 PLC 541 distinguished. Muhammad Iqbal and others v. The Chairman, Municipal Committee, Jhang 1995 PLC 569 and Makarwal Collieries Ltd. v. Muhammad Ali and others W.P. No.22872 of 1998 ref. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE;---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged order dated 10-1-2013 passed by the Authority under Payment of Wages Act, 1936 (respondent No.1). 2. Pithily, the facts as gleaned out from the instant petition are that Nazir Ahmad (respondent No.2) filed an application under section 15(2) of Payment of Wages Act, 1936, (hereinafter to be referred as the Act) before respondent No.1 inter alia claiming the gratuity. Pursuant to the notice issued, the petitioner submitted reply to the said application raising preliminary objections qua the maintainability of said application on the ground that…
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