Law: Payment of Wages Act, 1936

Section: 15,22

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,35

Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 22---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 35---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(3)---Resignation from service---Recovery of dues on account of gratuity, bonus, compensation for un-availed leave---Grievance petition, maintainability of---Jurisdiction of Labour Court---Scope---Employee's services stood terminated upon his resignation from service---After termination of service, employee filed grievance petition under S.25-A of Industrial Relations Ordinance, 1969 for recovery of dues on account of gratuity, bonus, compensation for un-availed leave---Employer company through its application under S.35 of the Industrial Relations Ordinance, 1969 sought dismissal of grievance petition on the ground that Labour Court lacked jurisdiction to adjudicate upon the grievance petition---Labour Court dismissed application filed by the employer company, holding that Labour Court had jurisdiction in the matter---Validity---Claim for gratuity before the Payment of Wages Authority under the Payment of Wages Act, 1936 was competent---Claim for gratuity could not be filed before the Labour Court---Under S.25-A of the Industrial Relations Ordinance, 1969, a workman could maintain a petition, where he was still in service, or where his services had been terminated in connection with or as a consequence of an Industrial dispute---Employee, in the present case, could not maintain grievance petition, as neither he was in service when he filed grievance petition, nor his services were terminated in connection with or as a result of an industrial dispute---Grievance petition filed by the employee, was also not competent under the provisions of S.O.12(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which could be invoked only where the services of a workman were illegally terminated---Labour Court had no jurisdiction to entertain and adjudicate upon employee's claim for recovery of wages including gratuity, bonus, compensation for un-availed leave---Impugned order, was set aside---Grievance petition was dismissed and revision…

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