Case Details

Citation(s)
2014 SLG 358 2014 SLD 358 2014 PLC 130
Labour Appellate Tribunal
Revision Application No. 3 of 2013, decided on 27th September, 2013. Date of hearing: 19th September, 2013.
ABDUL GHIAS NOUSHERWANI, MEMBER
Azam Jan Zarkoon for Appellants. Muhammad Fazal Lodhi for
Respondents.

SHER MUHAMMAD and 3 others

VS

PRESIDING OFFICER, 3RD LABOUR COURT BALOCHISTAN AT HUB and 2 others

Law:

Section:

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12---Balochistan Industrial Relations Act (XIII of 2010), S.41---Payment of Wages Act (IV of 1936), Ss.15 & 17---Removal from service---Reinstatement with full back benefits---Computation of back benefits---Grievance petition filed by employees against their removal from service was allowed and employers were directed to reinstate the employees with full back benefits---Said of the Labour Court had attained finality as no appeal/revision was filed by the employers---Employees having been reinstated without payment of back benefits they applied to Labour Court for their recovery---Revision of employees before Appellate Tribunal against dismissal of application for recovery was accepted, and matter was sent to 'authority of payment of wages' to compute the back benefits in view of of Labour Court---Authority, instead of computing back benefits in the light of of the Labour Court, decided to compute back benefits as per Minimum Wages Act, 1969, which was contrary to the basic of the Labour Court and direction of the Appellate Tribunal---Authority under Payment of Wages Act, 1936 was bound to calculate the back benefits as directed by the Labour Court, wherein employees were declared to be entitled for full wages---Orders of the Authority under Payment of Wages Act were set aside, and matter was remanded to the said Authority to compute the back-benefits of employees strictly according to the of Labour Court, and on principle of last pay drawn by the employees. PLD 1981 SC 282; 2003 PLC 16; 2011 PLC 286 and 1994 PLC 388 ref. (b) Administration of justice--- ----Wrong quoting/non-quoting of sections of law, was not fatal. JUDGMENT ABDUL GHIAS NOUSHERWANI (MEMBER).--- The appellant challenged the judgment dated 28-3-2013 in case P/W Appeal No.1 of 2012 passed by Learned 3rd Labour Court Balochistan at Hub wherein dismissed appeal under section 17 of the Payments of Wages Act, 1936 and maintained the order of Authority. 2. The background of the instant appeal are that the appellants were employed with the respondent No.3 who were removed from their services on 1st January…
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