Law:

Section:

Payment of Wages Act (IV of 1936)--- ----Ss. 3(b) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Payment of wages---Responsibility, determination of---Petitioner assailed warrant of arrest on the plea that he was not employer from whom the recovery was to be made---Validity---Held, it was obligatory upon Commissioner Compensation/Authority under Payment of Wages Act, 1936, to determine as a threshold question against whom proceedings for recovery had to be initiated and set into motion---For such purpose the Commissioner was to make inquiries regarding current ownership and shareholders of industrial establishment in question---Either the employer or other person responsible for payment of wages could be proceeded against and it had to be determined as a fact before embarking upon recovery proceedings under S.15(5) of Payment of Wages Act, 1936, which provision had given power of attachment and sale of immovable property of employer---High Court set aside the warrant of arrest issued against petitioner and matter was remanded to Authorities for determination of the issue regarding identity of employer or other person responsible for payment of wages of the company---Petition was allowed in circumstances. ORDER SHAHID KARIM, J.--- The Constitutional petition lays a challenge to the warrants of arrest issued against him by the respondent No.2, Tehsildar/Assistant Collector 1st Class, Lahore on 7-12-2013. Suffice to say that the warrants have been issued as a step for the recovery of an amount of Rs.5,41,697 (cumulatively) determined by the Commissioner Compensation/Authority under Payment of Wages Act, 1936, (The Act) vide order dated 13-11-2012 on applications of claim filed by the respondents Nos.6-8. The respondent in those applications was Chairman, New Khan Metro Bus Service, Lahore. 2. Learned counsel for the petitioner submits that Shahrez Abdullah Khan Rokhri is not the Chairman of the New Metro Bus Service, 55 Lawrence Road, Lahore and the warrant of arrest has been issued without lawful authority and without making an inquiry as to the ownership of the New Metro Bus Service. He submits that as per his information and upon…

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