| Citation(s) |
|---|
| 2014 SLG 2695 2014 SLD 2695 2014 PLC 31 |
Sindh High Court
Constitutional Petitions Nos.885, 886, 887 and 888 of 2011, decided on 28th November, 2012. Date of hearing: 15th November, 2012.
AFTAB AHMED GORAR, J
Ashraf Hussain Rizvi for Petitioner. Shahzad Qamar for
Respondent No.2.
Constitutional Petitions Nos.885, 886, 887 and 888 of 2011, decided on 28th November, 2012. Date of hearing: 15th November, 2012.
AFTAB AHMED GORAR, J
Ashraf Hussain Rizvi for Petitioner. Shahzad Qamar for
Respondent No.2.
GHULAM MUSTAFA
VS
COMMISSIONER FOR WORKMENS' COMPENSATION AND AUTHORUTY and another
Law:
Section:
Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Constitution of Pakistan, Art.199---Constitutional petition---Deduction from wages---Review of order---Deductions having been made in wages of the employee, employee approached Commissioner for Workmen's Compensation, who allowed the claim and directed the employer to make payment to the employee within a period of 30 days---Employer neither had complied with said order of Commissioner, nor availed the statutory remedy of appeal, and instead filed application for review of order passed by the Commissioner after 6 months of passing of the order---Commissioner in a slipshod and hasty manner reviewed his own order, despite the fact that there was no provision under the law authorizing the Commissioner to review his order---Remedy of statutory appeal available to the employer, having not been availed, impugned order, which lacked reason and was non-speaking could not be sustained under the law---Impugned orders was set aside and earlier order passed by the Commissioner granting claims of the employee was restored---Employer was directed to make payment as ordered earlier, in circumstances. PLD 1986 Quetta 19; PLD 1970 SC 1; 2005 PLC 364; 1991 PLC 758; 2002 PLC (C.S.) 696; PLD 2004 SC 416, PLD 1991 Kar. 477; PLD 1970 SC 1, 1991 CLC 7589; 1996 SCMR 336; 1997 SCMR 926; PLD 1988 Pesh. 33 and 2004 SCMR 497 ref. ORDER AFTAB AHMED GORAR, J.--- By this single order I propose to dispose of abovesaid four Constitutional Petitions as the facts as well as law involved in all the petitions are almost same. Brief facts of the case as disclosed in the memo. of petitions, are that the petitioners in all the three petitions being employed as permanent workmen with respondent No.2 were subjected to illegal deductions from their wages, as such they approached respondent No.1 who vide order dated 21-12-2010 passed in the case of petitioner in C.P. No.S-885 of 2011 and dated 24-1-2011 passed in the case of other three petitioners in C.Ps. Nos.S-886, 887 and 888 of 2011 allowed the claim of the petitioners and respondent No.2 was directed to make payment within a period of 30 days. However, respondent No.2 neither complied with…
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