Law: Payment of Wages Act, 1936

Section: 15,17

Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Sindh Industrial Relations Act (XXIX of 2013), S.48(5)---Failure of employer to pay legal dues to the workers---Application to Authority under Payment of Wages Act, 1936---Employer company did not pay legal dues to its workers, who opted for separation under the Golden Handshake Scheme---Workers, filed applications under S.15 of the Payment of Wages Act, 1936, which were allowed, directing the employer to deposit legal dues of the workers within 30 days---Employer filed appeal before Labour Court after 147 days, instead of 30 days as prescribed under S.17(1) of Payment of Wages Act, 1936---Said appeal was dismissed by the Labour Court being time barred---Validity---Labour Court refused to condone delay---Plea of the employer was that appeal was not filed within prescribed period of 30 days as the court was lying vacant---Plea was misconceived as the Presiding Officer was available in certain periods and the office accepted/received applications/appeals regularly during absence of the Presiding Officer---Employer after receiving certified copy of the order of Authority, could have filed appeal and could have obtained stay order during the period the court was available---Even grant of stay, was not a condition or requirement for filing appeal---No justification or explanation existed for filing appeal after 88 days or obtaining the stay---Payment of Wages Act, 1936, while authorizing the original Authority to condone delay in filing application under S.15, had not authorized the Appellate Authority to condone delay in filing appeal under S.17 of said Act---Neither the employer had shown sufficient cause for not filing appeal within time, nor appellate authority had power to condone the delay---Labour Court, had rightly dismissed the appeal as time barred---On merits also, the employer company had no case, as it did not dispute quantum of the legal dues, claimed by the workers, nor claimed to have paid them any amount in that regard---Workers produced sufficient documentary proof that they were employees of the employer company---Administrative Officer of the employer, had admitted that workers were the…

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