Law:

Section:

Payment of Wages Act (IV of 1936)--- -----S. 15(2)---Payment of Wages (Procedure) Rules, 1937, R.8---Khyber Pakhtunkhwa Maintenance of Public Order Ordinance (XXXI of 1960), S.3---Ex parte order, setting aside of---Limitation---Dispute was with regard to recovery of wages of employees---Authorities arrested one of the Directors of petitioner company in exercise of powers under S.3 Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960---Authorities, on the statement of said Director, petitioner company was ordered to make payments---Petitioner company filed application to set aside order but authorities dismissed application on grounds that it was barred by time---Validity---No opportunity of meaningful hearing was provided to petitioner company and the directions were perverse and illegal---Order in question gave an impression of an off hand and whimsical order which could have been corrected in its result but was deficient in its contention---Petitioner company did not receive any summons or notice at its registered office and said Director of the company was not authorized/notified manager, therefore, it was an appropriate case for setting aside ex parte order and authorities had jurisdiction under R.8 of Payment of Wages (Procedure) Rules, 1937---Application filed by petitioner company was not time barred and authorities incorrectly found that application was time barred---Fair and safe administration of justice demanded decision of cases on merits instead of non-suiting litigants on technical grounds including limitation---High Court set aside orders passed against petitioner---Constitutional petition was allowed accordingly. Muhammad Amin Muhammad Bashir Ltd. v. Government of Pakistan and others 2015 SCMR 630 and Dr. Zafer Ahmed v. Mst. Shamsa and others PLD 2002 Kar. 524 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- The petitioner seeks the constitutional jurisdiction of this Court praying that:- "It is, therefore, respectfully prayed that on acceptance of instant writ petition the impugned ex parte direction dated 09.05.2009 as well as the order dated 15.02.2011 may graciously be set aside with a direction to the Learned…

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