| Citation(s) |
|---|
| 1981 SLG 3086 = 1981 SLD 3086 = 1981 PLD 534 |
Court of Special Judge, Karachi
Constitutional Petitions Nos. S-94 and S-95 of 1979, 'decided on 10th February, 1981.
Presented By: Ghaus Ali Shah, J
Muhammad Paul v. Commissioner for Payment of Wages 1974 P L C 89 rel. Murree Brewery Co. Ltd. x. Karam Hussain Khan P L D 1972 S C 279 and Watt Dad v. Deputy Commissioner, Karachi P L D 1975 Kar. 202 distinguished Messrs Burney & Dastgir for Petitioner. Messrs Sadiq & Zafar for
Respondent No. 1.
Respondent No. 2 (absent).
Constitutional Petitions Nos. S-94 and S-95 of 1979, 'decided on 10th February, 1981.
Presented By: Ghaus Ali Shah, J
Muhammad Paul v. Commissioner for Payment of Wages 1974 P L C 89 rel. Murree Brewery Co. Ltd. x. Karam Hussain Khan P L D 1972 S C 279 and Watt Dad v. Deputy Commissioner, Karachi P L D 1975 Kar. 202 distinguished Messrs Burney & Dastgir for Petitioner. Messrs Sadiq & Zafar for
Respondent No. 1.
Respondent No. 2 (absent).
MESSRS GHAFOOR TEXTILE MILLS LTD., KARACHI-Petitioner
VERSUS
FAZAL IMAM AND ANOTHER-Respondents
Law: Constitution of Pakistan 1973
Section: 199
Law: Payment of Wages Act (IV of 1936)
Section: 17(1)(a)
Constitution of Pakistan (1973) Art. 199 read with Payment of Wages Act (IV of 1936), S. 17(1)(a)Writ jurisdiction - Adequate alternate remedy - Appeal under S. 17(l)(a) of Payment of Wages Act-Held, adequate remedy notwithstanding condition of deposit of amount payable under direction of Authority appealed against-Petition invoking jurisdiction of High Court under Art. 199 filed without availing of such remedy-Held, not maintainable. Link Date of hearing : 10th February, 1981. JUDGMENT These petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arise out of the same facts and I will therefore dispose of both of them by the same judgment. 2. The, respondent Fazal Imam and Khalil Ahmad are employees of the petitioner who preferred their applications under section 15 of the Payment of Wages Act, 1936 before the respondent No. 2, who after hearing the parties, allowed the applications and directed the petitioner to deposit Rs. 44,146.50 and Rs. 15,100 respectively within a week for payment to the respondents. These petitions challenging the orders dated 31 7-1979 of the- respondent No. 2, have been preferred by the petitioner. 3. The respondent are admittedly the employees of the petitioner. They set up their cases before the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act that they were in services of the petitioner since 1967 and 1972 respectively. Their services were illegally terminated by the petitioners on 14-11-1977 and 1-11-1977 respectively without assigning any reason for it and no such letter of termination of their services was issued to them. They were drawing Rs. 975, Rs. 600 per month respectively at the relevant time. They therefore claimed their legal dues to the tune of Rs. 44,146,50 and Rs. 15,100 under various heads. The defence of the petitioner in substance was that the respondents…