Law: Payment of Wages Act, 1936

Section: 15,17(1)(a)

Law: Limitation Act, 1908

Section: 5

(a) Payment of Wages Act (IV of 1936)--- ----Ss.15 & 17(1)(a)---Appeal---Pre-conditions---Claim of workman for recovery of salary was allowed by the Authority---Prior to filing of appeal against said order of Authority the aggrieved party was required to deposit the decretal amount before the Authority and get issued certificate to that extent---Proviso to S. 17(1)(a) of the Act was mandatory and non-compliance of the same would result in dismissal of appeal. Tehsil Nazim TMA, Okara v. Abbas Ali and 2 others 2010 SCMR 1437 rel. (b) Limitation Act (IX of 1908)--- ----S.5---Condonation of delay---Principle---Delay of each day had to be explained. Qaisar Mushtaq Ahmad v. Controller of Examinations and others PLD 2011 SC 174 and Lt. Col. Nasir Malik v. Additional District Judge, Lahore and others 2016 SCMR 1821 ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.---- C.M. No. 7330 of 2017 This is an application for restoration of the main petition which was dismissed for non-prosecution vide order dated 26.10.2017. 2. For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the main case is restored to its original number. 3. With the consent of the parties, the main case is taken up for hearing today. Main case 4. Through this constitutional petition, the petitioner has called in question the order dated 19.02.2014 passed by Punjab Labour Appellate Tribunal-II, Multan whereby revision petition filed by the petitioner against the order of the Labour Court was dismissed. 5. The brief facts of the case are that the petitioner is a private limited company. Respondent No.3 who claims to be the sale supervisor of the petitioner company, filed an application under section 15 of the Payment of Wages Act, 1936 ("Act") before the authority under the said law and sought payment of his outstanding wages and compensation by alleging therein that his services were wrongly terminated by the petitioner company on 15.03.2009. The said petition was finally allowed on 25.08.2011 whereby the concerned authority directed the petitioner company to deposit an amount of Rs.2,31,831/- as salary, etc. along with onetime compensation…

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