Case Details

Citation(s)
1978 SLG 974 1978 SLD 974 1978 PLC 81
Labour Appellate Tribunal, Punjab
Appeal No. LYP-25 of 1977/Pb., decided on 10th June 1977.
M. JAMIL ASGHAR, APPELLATE TRIBUNAL

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MUSHTAQ AHMAD

VS

MANAGING DIRECTOR, PUNJAB AGRICULTURAL DEVELOPMENT & SUPPLIES CORPORATION AND ANOTHER

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -----S. 25-A read with West Pakistan Shops & Establishments Ordinance (VIII of 1969), Ss. 12 & 13-Claire for recovery of wages under Ordinance VIII of 1969-Labour Court possesses jurisdiction to entertain such claim. Moideen v. Presiding Officer, Second Sind Labour Court and 2 others 1976 P L C 517 not applicable. Messrs Luxury House (Firm). Dacca v. First Labour Court, East Pakistan, Dacca and others P L D 1969 Dacca 410; Mohammad Qasim Lari v. Mohammad Shamsuddin and another A I R 1957 Pat. 683; Americana Dry Cleaners, Karachi v. Abdul Karim 1976 P L C 575; General Steel Tools Company, Gujranwala v. Presiding Officer, Punjab Labour Court No, 2, Lahore and 2 others P L D 1976 Lab. 528 ref, (b) Industrial dispute- -- Precedent-Proposition not considered in -Such not an authority for same proposition. Mohammad Ismail Ali Charan v. Pakpor Ceramic Limited P L D 1973 Kar 491 ref. Mohammad Asghar Malik for Appellant. Lt.-Col. Ismatullah for Respondents Date of hearing: 25th May 1977. JUDGMENT This an appeal against the decision dated 30-12-1976 of Punjab Labour Court, No. 2, Lahore. 2. Mushtaq Ahmad, appellant was employed as a Store-Keeper by Punjab Agricultural Development & Supplies Corporation, Lahore in October 1975. He was charge-sheeted for misconduct vide show-cause notice dated 4-9-75 issued by the Regional Manager, Punjab Agricultural Development Corporation. Without conducting any inquiry or affording any opportunity to the appellant, the As4stant Manager, Sheikhpura of Punjab Agricultural Development and Supplies Corporation withheld the salaries of the appellant for the months of July and August 1976, It was also alleged that lie made illegal deduction from overtime wage of the appellant for the year 1973-74 in flagrant disregard of the provisions of law. On 14-9-19'16 the appellant served a grievance notice under section 25-A of Industrial Relations Ordinance, 1969, claiming wages for the months of July and August 1976, which were due to him and Rs. 502.36 on account of illegal deduction from his overtime wages during the y ear 1973-74 When no action was taken by the respondents, he…
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