Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 47, 60

  Industrial Relations Ordinance (XXIII of 1969) S. 47 & 60 read with Payment of Wages Act (IV of 1936), S. 15 Deduction of wages on principle of "no work no pay'"-Not a measure of punishment or alteration of service condition-Remedy lies under Payment of Wages Act, 1936-Labour- Court in a6sence-of speck authority under S. 35(6), Industrial Relations Ordinance, 1969 cannot entertain complaint against deduction of wages. Where there is a specific provision for deduction of wages it is not a measure of punishment or alteration of the service condition. As against a specific provision in an Act the general provision cannot have its way. It is clear that the specific remedy lies under the Payment of Wages Act in a case under the Act. Further by deduction of wages inn the alleged Principle of 'no work no pay' service condition is not altered or no punishment is thereby imposed on the workers. So deduction of wages cannot be called a measure of punishment. It is correct that under section 35(6) of the Industrial Relations Ordinance, 1969 there is specific provision empowering the Labour Court, under the Payment of Wages Act to decide cases under that Act. But as no such authority has been given to this Court, this Court has no jurisdiction to entertain this matter under section 60 of Industrial Relations Ordinance, 1969 as specific remedy lies under a different Act in a different Court.   ORDER NO. 8, DATED 1-9-1970 This case has been filed against 10 'persons 'including Mr. A.K.M. Habibur Rahmin Chairman, E.P.R.T.C. by Mr. M. A. Malek, General Secretary of the E.P.R.T.C. Workers" Union. The case of the first party is that on 4th June 1970 while there was a general strike and the E.P.R.T.C. workers attended the officers, signed the attendance register, they were not allowed by officers of the E.P.R.T.C. to take out the vehicles on the roads for fear of damage and destruction by the members of the public as is done on such occasions. About 950 workers were charge -sheeted for not doing their duties on that day and were told to show cause within 7 days of the receipt of the charge-sheet. It is now pleaded that during the…