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Payment of Wages Act (IV of 1936)-------S. 15---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Proviso to S.1(4)(c)---Industrial Relations Ordinance (XCI of 2002), S.48(3)---Claim for payment of gratuity---Authority under Payment of Wages Act, 1936 allowed the claim of employee with regard to payment of gratuity, but Labour Court rejected claim of the applicant---Validity---Evidence on record had established that the Establishment at the relevant time, had employed less than 49 persons---Applicant, in circumstances, was not entitled for gratuity according to law as Industrial and Commercial Employment (Standing Orders) Ordinance, was not applicable to the case of the applicant. Bacha Fazal Mannan for Applicant. S.M. Yaqoob and S.M. Iqbal for Respondents. ORDER ALI MUHAMMAD BALOCH (MEMBER).--- This revision application has been preferred under section 48(3) of the Industrial Relations Ordinance, 2002 (repealed) hereby impugning the order dated 20-3-2006 passed by the learned Presiding Officer, Sindh Labour Court No.III at Karachi, which was challenged before the High Court of Sindh, Karachi, through L.R.A. No.12 of 2006 and after coming into existence of this Tribunal, the said L.R.A. has been received from High Court of Sindh, Karachi. Mr. Bacha Fazal Mannan learned Counsel for the applicant and Mr. S.M. Yaqoob learned Counsel for the respondent management has advanced their written synopsis/arguments. After going through the record and proceedings of the case and synopsis, I have come to the following. This matter pertains to the year 1998 and since then matter is pending before various forums i.e. the Authority under Payment of Wages Act as well as before learned Sindh Labour Court and since 2006 the matter was pending before High Court of Sindh and after establishment of this Tribunal, this revision application has been received on transfer. There is a very short point is involved whether the provisions of Standing Orders Ordinance, 1968 are applicable for the purpose of determination of entitlement of applicant for the payment of gratuity. Record reveals that the learned Authority had allowed the claim of the applicant…

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