Law: Constitution of Pakistan, 1973

Section: 199

Law: Payment of Wages Act, 1936

Section: 15,17,17(1)(a)

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Payment of Wages Act, 1936, Ss. 15 & 17(1)(a)--Petitioner was serving as sales supervisor--Termination of services--Filling of petition for outstanding wages--Allowed--Petition for recalling of order--Dismissed--Appeal dismissed--Revision Petition--Dismissed--Time barred--Mandatory provisions of law--Challenge to--It is very much crystal clear that prior to filing of an appeal against order of Authority whereby application is allowed, aggrieved party is required to deposit decretal amount before Authority and get issued certificate to that extent--Provisions of afore referred proviso to Section 17(1)(a) is mandatory and non-compliance of same would result into dismissal of appeal--Condition of deposit of amount with authority was mandatory and non-deposit of same has rightly resulted into dismissal of appeal filed by petitioner--Although learned counsel for petitioner has vehemently argued that order of appellate and revisional Courts is not sustainable in eye of law but no convincing reason, whatsoever, has been put forward that why appeal and revision petition had been filed with delay when order passed by authority and appellate Court was well within notice of petitioner--Moreover, delay of each and every day has to be explained by petitioner which has not been done--Petition was dismissed. 2010 SCMR 1437, 2016 SCMR 1821 & PLD 2011 SC 174, ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- 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…

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