Law: Payment of Wages Act, 1936

Section: 1(4),15,15(1),23

Law: Constitution of Pakistan, 1973

Section: 199

Payment of Wages Act (IV of 1936)---.--- ---.----Ss. 23 & 15---.---Employees' Old Age Benefits (Contribution) Rules, 1976, Preamble---.---"Workman"---.---Claim arising out of deductions from wages---.---Payment of gratuity, salaries and bonus---.---Scope---.---Any adjustment/settlement compulsorily depriving an employee of any right under the Payment of Wages Act, 1936 would be void---.---Employee-company was in consultancy business having 80 or above persons as employees---.---Company had paid contribution to Employees' Old Age Benefits Institution under Employees' Old Age Benefits (Contribution) Rules, 1976---.---Said company was neither charitable nor social service establishment but in business activities for profit which was amenable to Labour Laws---.---Authority under S.15(1) of Payment of Wages Act, 1936 had the jurisdiction to decide the claim of an employee of such company---.---Employee had been paid bonus and gratuity---.---Status of employee was that of a "workman"---.---Bonus of three years only in proportionate to the monthly wages could be paid to the employee---.---If employee was paid the bonus for 2008 then he could not be deprived from the bonus for the years 2006-07---.---Amount paid at the time of Eid-ul-Azha or Eid-ul-Fitr were not the regular bonus---.---Authority under Payment of Wages Act, 1936 had rightly awarded amount of bonus to the employee---.---Impugned orders passed by the Courts below were set aside and that of Authority was restored in favour of employee---.---Constitutional petition was allowed in circumstances. Divisional Engineer, G.I.P. Railways v. MAHADEO AIR 1955 SC 295 and Ghulam Mustafa and another v. Pakistan Industrial Gases Ltd. and others 2002 PLC (C.S.) 52 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- Through this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, order dated 27.06.2016 passed by the Punjab Labour Appellate Tribunal as well as order dated 06.04.2015 passed by the Punjab Labour Court No-2, Lahore had been challenged whereby order dated 13.08.2010 passed by the authority has been set aside. 2. Brief facts giving rise to the filing…

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