| Citation(s) |
|---|
| 1977 SLG 1974 1977 SLD 1974 1977 PLC 544 |
Sindh High Court
AGHA ALI HAIDER, J
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AGHA ALI HAIDER, J
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Messrs Beco Industries Ltd., Karachi
VS
Sind Labour Court No. 5 And 2 Others
Law: Payment of Wages Act, 1936
Section: 15
Keywords: Recovery Of Wages, Disposed Of, Payment Of Wages, Notice, Appellate Tribunal, Labour Court, Adjustment, Leave, Period, Suit For Recovery, Consent, Payment, Commercial Employment, Remand, Recovery, Court Of Law, Dispute, Relief, Gratuity, Jurisdiction, Notification, Procedural In Nature, Functions, Embezzled Amount, Parties, Precedent, Claims, Provisions, Government, In Lieu, Provident Fund, Orders, Order, Exclusive Jurisdiction, Grounds, Bonus, Grievance, Petitioner, Evidence, Remedy, Compensation Result: Orders accordingly JUDGMENT These three petitions, arising from a composite order of the Sind Labour Court No. 5, Karachi, dated 20th March, 1973, which will be disposed of by this common judgment, have arisen in the following circumstances. 2. The respondents No. 3, in these petitions were workmen employed by the petitioner. There appears to be a spate of litigation between the parties. Shorn of all the, details, all that needs to be mentioned here is that they came to be dismissed from employment after they had been served with charge-sheets. Than, they filed separate applications before the Junior Labour Courts, claiming bonus, arrears of increment, interest on workers, participation fund, principal amount of workers, participation fund, and half salary for a specified period. 3. The written reply filed on behalf of the petitioner admitted the entitlement of these dues. The application was, however, resisted on the ground that a sum of Re. 1,23,115 remained outstanding towards the various applicants, which they were "supposed to return to the Company and which had not been done" till then, and therefore the Company was justified to withhold the dues of the applicants against this amount. 13y consent of the parties, no evidence was led in the case, and the matter was argued on legal grounds alone. The Junior Labour Court was of the view that there was no provision of withholding the claim under the scheme of the Payment of Wages Act, 1936, and therefore the applicants were entitled to the salary and other claims, as particularised in the application and admitted by the present petitioner, within a period of fourteen days. The petitioner took an…
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