Law: Khyber Pakhtunkhwa Payment of Wages Act, (IX of 2013)

Section: 1(3)(a)

Law: Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Orders) Act, 2013

Section: XI,2(n)

(a)    Khyber Pakhtunkhwa Payment of Wages Act (IX of 2013)-------S.1(3)(a) & Preamble---Wages Court---Jurisdiction---Jurisdiction of the Wages Court within the meaning of Khyber Pakhtunkhwa Payment of Wages Act, 2013, is very exhaustive and deals with delayed or deducted wages---Jurisdiction of the Wages Court has not been restricted to the workmen only, rather its application extends to "persons employed in factories, industrial and commercial establishments and thus the words "person" used in the Khyber Pakhtunkhwa Payment of Wages Act, 2013, also includes a non-workman.(b)    Khyber Pakhtunkhwa Industrial and Commercial Employment (StandingOrders) Act (XI of 2013)-------S.2(n) & Preamble---Application of Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Orders) Act, 2013 ('the Standing Order Act, 2013') has been restricted to the workers employed, directly or through any other person or in any industrial or commercial establishment---Thus, in order to avail the benefits provided under the Standing Orders Act, 2013, such, person must also prove himself to be a worker in accordance with subsection (n) of the S.2 of the Standing Orders Act, 2013---For other benefits i.e. arrears of salaries etc., a nonworkman can also approach the Wages Court, however, to avail the benefits flowing from the Standing Order Act, 2013, such claimant/person must prove himself to be a worker as provided in the Standing Orders Act, 2013.(c)    Khyber Pakhtunkhwa Industrial and Commercial Employment (StandingOrders) Act (XI of 2013)-------S. 2(n)---Worker---Scope---Terminal dues---Entitlement of Finance Manager in Hotel---Claim, filed by the petitioner (who was engaged as a Finance Manager in hotel) for recovery of his terminal dues was partially allowed, however, the Labour Court accepted the appeal of the respondents /Hotel on the ground that the deceased petitioner failed to prove himself to be a workman in accordance with law--Petitioner filed revision to assail the judgment passed by the Labour Court---Held, that, petitioner initially, while submitting his claim petition, never alleged himself to…