| Citation(s) |
|---|
| 2021 SLG 2255 2021 SLD 2255 2021 PLJ 71 |
Labour Appellate Tribunal
Labour Revision No. 56 of 2018, decided on 12.6.2020, Date of hearing: 12.6.2020.
ABDUL SATTAR, CHAIRMAN
Ch. Salim Akhtar Warraich, Advocate for Petitioner.
Labour Revision No. 56 of 2018, decided on 12.6.2020, Date of hearing: 12.6.2020.
ABDUL SATTAR, CHAIRMAN
Ch. Salim Akhtar Warraich, Advocate for Petitioner.
NASIR SHAHZAD
VS
M/S. GULISTAN TEXTILE MILLS LIMITED THROUGH ITS CHIEF EXECUTIVE AND 4 OTHErs
Law: Punjab Industrial Relations Act, 2010
Section: 47
Law: Payment of Wages Act, 1936
Section: 15
Punjab Industrial Relations Act, 2010 (XIX of 2010)-- ----S. 47--Payment of Wages Act, (IV of 1936), S. 15 was working as general manager admin--Petition for recovery of unpaid salary of 25 months, Gratuity leave encashment of three years and 10 times compensation--Accepted partially--Entitlement of salary--Appeal--Dismissed--Limitation--Power of authority--Challenge to-- After passing of impugned order dated 7.08.2016 Officer who exercised power of Authority stood transferred and his successor allowed application for supply of copy on 28.09.2016--Contention of petitioner advanced through his counsel regarding consumption of time to get copy of impugned order dated 27.08.2016 leads to inference that petitioner filed appeal against impugned order of Authority before Presiding Officer, Punjab Labour Court No. 9, Multan within permissible time--Courts as per guidance of numerous superior Courts s have been required to take a pragmatic and liberal view on question of limitation and tendency of bogging down litigants by strict rules of technical and legal formalities has been disapproved--Impugned passed by Presiding Officer, Punjab Labour Court No. 9, Multan dated 27.11.2018 based upon misunderstood and misinterpreted facts and circumstances of controversy relating to limitation cannot be honored with sustainability which is resultantly set aside while allowing this revision petition--Revision petition allowed. 2003 PLC (CS) 796 and PLD 2003 SC 724 ref. ORDER Through this revision petition filed under Section 47 of the Punjab Industrial Relations Act, 2010 the petitioner Nasir Shahzad has challenged the judgment dated 27.11.2018 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby appeal of the petitioner against order of Authority under Payment of Wages Act 1936 dated 27.08.2016 was knocked out on the ground of limitation. 2. Relevant facts of this matter are that petitioner Nasir Shahzad filed a petition under Section 15 of Payment of Wages Act 1936 against the respondents, M/s. Gulistan Textile Mills before the Authority under Payment of Wages Act 1936 seeking recovery of his unpaid salary of 25 months, gratuity and leave encashment…
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