| Citation(s) |
|---|
| 2018 SLG 1477 2018 SLD 1477 2018 PLC 43 |
Labour Appellate Tribunal, Punjab
Revision Petition No. FD-483 of 2017, decision Dated: 09-10-2017.
JUSTICE (R) CH. MUHAMMAD TARIQ, CHAIRMAN
Mian Muhammad Saleem and Salman Riaz Ch. for Petitioner. Nemo for
Respondents.
Revision Petition No. FD-483 of 2017, decision Dated: 09-10-2017.
JUSTICE (R) CH. MUHAMMAD TARIQ, CHAIRMAN
Mian Muhammad Saleem and Salman Riaz Ch. for Petitioner. Nemo for
Respondents.
UNITED BANK LIMITED THROUGH DISTRICT MANAGER (ZONAL HEAD) JHANG SADDAR
VS
MUHAMMAD BAKHSH THROUGH L.R.
Law:
Section:
Payment of Wages Act (IV of 1936)--- ----Ss. 2(b) (as amended by Punjab Payment of Wages (Amendment) Act, (VII of 2014), & S.15---Payment of Wages Act---Claim for recovery of pension---Jurisdiction of Authority under the Payment of Wages Act, 1936 regarding pension---Pension as wages---Scope---Authority as well as Labour Court accepted the claim of the employees---Employer/Bank contended that as pension was not part of wages so the same could not be disputed---Validity---Right of pension depended upon statutory provision, therefore, the existence of such right was determinable primarily from the term of the statute under which right or privilege was granted ---"Pension" was included in the definition of "wages" in the definition clause of Payment of Wages Act therefore, Authority under the Payment of Wages Act, 1936 had rightly exercised the jurisdiction and accepted the claims of the employees---No illegality or infirmity having been noticed, revision petition was dismissed accordingly. 1991 SCMR 1041 ref. 1987 PLC 633 distinguished. THIS JUDGMENT DELIVERED BY: JUSTICE (R) CH. MUHAMMAD TARIQ, . CHAIRMAN.--- This revision petition has been directed against the impugned order dated 13-9-2017 passed by learned Punjab Labour Court No.IV, Faisalabad. 2. Brief facts of the case as per contents of revision petition are that the deceased Muhammad Bakhsh filed a claim under section 15 of Payment of Wages Act, 1936 against the petitioner for recovery of Rs.503,108.15. The petitioner appeared before the learned Authority in the proceedings of the case and filed written statement on 22.12.2010 and the case was fixed for framing of issues and recording of evidence for 12.01.2011. As per order dated 2.3.2011, the case was called, the petitioner appeared before the learned Authority but respondent, Muhammad Bakhsh, failed to appear in the case and his case was dismissed for non-prosecution by the learned Authority, vide order dated 2.3.2011. The petitioner never received any notice in the case however it had come to know that the learned Authority while accepting the petition, passed ex-parte decree to the tune of Rs.503,108.15 vide order dated 27.11.2012 in the…
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