Law:

Section:

Payment of Wages Act (IV of 1936)-------Ss. 15 & 17---Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47(5)---Refusal to grant gratuity---Employee who initially joined the service as Supervisor, subsequently was made Deputy Manager Shift Incharge---Claim of employee for gratuity having been refused by the Management, employee approached Authority under the Payment of Wages Act, 1936, which Authority also did not accept the claim of the employee and he filed appeal under S.17 of the Payment of Wages Act, 1936, but same was also dismissed---Validity---Claim of the employee was that he was a workman, but his request for payment of gratuity was refused by the department on the ground that employee being an officer in supervisory capacity, was not entitled to gratuity---Employee, being supervisory officer, had the authority to recommend the application for overtime and for casual leaves; he had no Social Security Card, which was issued to the workers---Duties of the employee were that of supervisory and managerial nature---Employee having all the attributes of an officer, had rightly been refused the desired relief. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2007 PLC 41 and PLD 1994 SC 273 rel. Mian Javed Jalal for Petitioner. S.A. Naeem for Respondent No.1. Date of hearing: 15th July, 2010. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This revision petition is directed against the judgment dated 5-11-2009 passed by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala whereby the appeal filed by the appellant against the order of the learned Authority under the Payment of Wages Act for the grant of gratuity was dismissed. 2. The facts of the case briefly are that the appellant joined the service of the respondent company on 1979 as Supervisor. Subsequently he was made Deputy Manager/Shift Incharge. He resigned in April, 2006. He applied for gratuity for this service but he was refused by the management. He approached the Authority under the Payment of Wages Act he too dismissed his petition. He filed an appeal under section 17 of the Act ibid before the Labour Court at Ferozewala but this time also he remained…

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