Law:

Section:

(a) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 3---Factories Act (XXV of 1934), S.49(A)(B)(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Overtime duty by the worker---Unavailed annual leave---Payment of wages---Scope---Contention of worker was that he was entitled for amount of twenty three annual leave---Competent Authority allowed the amount of Rs.9,52,036/- and Labour Court reduced the said amount to Rs.7,90,000/- but Labour Appellate Tribunal curtailed unavailed annual leave to fourteen days for the purpose of compensation-Validity---Employer had not challenged the order of Authority which was the root cause of the lis---If constitutional petition of employer was allowed even then it would not serve any purpose as order of the Authority would remain in field---Employee worked for overtime in the company---Courts below were justified in awarding overtime to the worker---Employer had failed to bring on record any material that worker availed the alleged annual leave---Section 49-B(2) of Factories Act, 1934 was applicable in the cases where a worker was offered holidays as per agreement with the employer and employee did not avail the same---Where employer refused to grant annual leave to a worker due to contingency then said provision of law could not be invoked to deprive a worker by curtailing his unavailed holidays to fourteen per annum into the subsequent year---Nothing was on record that worker was offered annual leave as per his entitlement and he failed to avail the same---Employer did not allow the worker to avail such leave---Labour Appellate Tribunal was not justified in curtailing annual leave of the worker---Worker was entitled for twenty three days annual leave and he could not be deprived of his right by applying provision of S.49-B (2) of Factories Act, 1934---Provisions of S.49-B(2) of Factories Act, 1934 could be made applicable where there was no rule for grant of annual leave beyond the minimum fourteen days provided by the statute and worker was offered but failed to avail his annual leave/holidays---Where employer had Rules for grant of annual leave of more than fourteen days then same had to be given…

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