Case Details

Citation(s)
2024 SLG 6213 2024 SLD 6213 = 2024 PLC 114
Lahore High Court
Writ Petitions Nos.40697, 40700, 40702, 40707, 40710 and 40713 of 2023, decided on 21st December, 2023.
Before Abid Hussain Chattha, J
Sheraz Mahmood and Mubashar Hussain for Petitioners. Khawaja Omer Masood for
Respondent No.1.

Messrs LAHORE CARPET MANUFACTURING COMPANY through General Manager

VERSUS

MUHAMMAD JAMIL and 3 others

Law: Punjab Industrial Relations Act, 2010

Section: XIX,44,47(5)

Law: Payment of Wages Act, 1936

Section: IV,15,17

Punjab Industrial Relations Act (XIX of 2010)-------Ss. 44 & 47(5)---Payment of Wage Act (IV of 1936), S.15---Revisional jurisdiction---Scope---Respondents / workmen were allowed recovery of their wages---Petitioner / employer was aggrieved of revisional jurisdiction exercised by Labour Appellate Tribunal---Validity---Labour Court constituted under S. 44 of Punjab Industrial Relations Act, 2010, is empowered to exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by Punjab Industrial Relations Act, 2010, or any other law such as Payment Wages Act, 1936---Labour Court exercises jurisdiction over disputes beyond the purview of Punjab Industrial Relations Act, 2010---Labour Court under the command of S. 17 of Payment of Wages Act, 1936, is competent to hear appeals against Authority constituted under S. 15 of Payment of Wages Act, 1936---Punjab Labour Appellate Tribunal constituted under S. 47 of Punjab Industrial Relations Act, 2010, exercises both appellate and revisional powers with respect to orders passed by Labour Court subject to various provisions of Punjab Industrial Relations Act, 2010---There is no bar upon any party in laying information before Punjab Labour Appellate Tribunal in the form of a Revision Petition not as a matter of right but in the discretion of Punjab Labour Appellate Tribunal which in turn may decide to assume revisional jurisdiction depending upon facts and circumstances of each case warranting exercise or otherwise of revisional jurisdiction---If Punjab Labour Appellate Tribunal exercises its revisional powers, the Tribunal acts within its lawful revisional jurisdiction to examine correctness, legality or propriety of any order passed by Labour Court---Punjab Labour Appellate Tribunal had revisional power with respect to an order passed by Labour Court in appeal preferred under S.17 of Payment of Wages Act, 1936---Mere signing of unilaterally prepared 'Final Settlement Forms' by respondents / workmen could not be regarded as final settlements in absence of their free consent---Respondents / workmen promptly agitated their grievances and were still pursuing the same---Mere receipt…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register