Case Details

Citation(s)
1972 SLD 3134 = 1972 PLC 403
Lahore High Court
Civil Revision No. 26 of 1967, decided on 3rd November 1971.
Presented By: Aftab Hussain, J
Asghar Ali Bhatti for Petitioner. Ch. Azam Ali for
Respondent. Date of hearing: 3rd November 1971.

DIVISIONAL SUPERINTENDENT, P. W. R., LAHORE--Petitioner

VERSUS

MUHAMMAD NASEER-UD-DIN-Respondent

Law: Payment of Wages Act (IV of 1936)

Section: 15(2)

(a) Appeal (Civil) Failure to file appeal against interim orders- Does not preclude appeal against whole case including all interim orders male in ease. Mian Muhammad Abdullah v. Sheikh Nawab Din 1971 S C M R 336 ; Alexander John Forbes Ameeroonnissa Begum 10 M I A 340 ; Shah Mukkun Lall another v. Baboo Sree Kishen Singh and others 12 M I A 157 and Jiando Khan v. Muhammad Ishaq P L D 1964 Kar. 61 ref. (b) Payment of Wages Act (IV of 1936) S. 15(2), proviso (2) Claim for refund of deductions made from wages and compensation- Limitation-Application not mode within time--Special Authority can condone delay if sufficient cause shown-Compensation disallow ed In view of condonation of time limit in filing petition-Tanta mounts to condonation being granted in consideration of forfeiture of compensation.                                                                                                                                    JUDGMENT The respondent submitted a petition under section 15 of the Payment of Wages Act on 2nd April 1964 complaining against some illegal deductions from his salary. The claim eras for Rs. 572.57 for the amount deducted and for Rs. 5,725.70 as compensation at the rate of 10 times as provided by section 15, subsection (3) of the above Act. A number of objections were raised in defence by the petitioner and the following preliminary issues were framed: (1) Whether the petition is time barred. (2) Whether the Payment of Wages Act, 1936 is not applicable to the petitioner or to the present case. (3) Whether this Court has no jurisdiction to try the petition? (4) Whether the petition is defective and what is its effect? It was held by the learned Special Authority under the Payment of Wages Act that there were sufficient grounds for admitting the application as within time and accordingly issue No. 1 was decided in…
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