Law:

Section:

(a) Payments of Wages Act (IV of 1936)- ----S. 15-Limitation-Claim remaining under correspondence with employer-Objection regarding delay, in circumstances, rejected. (b) Payments of Wages Act (IV of 1936)- ----S. 15-Civil Servants Act (LXXII of 1973), S. 2(h)(iii) and Factories Act (XXV of 1934), S. 2(h)-Practical Instructor in Earth Moving Training Academy of M. C. P.-A workman and not a civil servant-­Claim of wages of such person, held, within jurisdiction of Authority under Payment of Wages Act, 1936. Abdul Hameed Khan for Appellants. Muhammad Bashir Awan for Respondents. ORDER This appeal is filed by the appellants against the respondents against the order dated 1-3-79 passed by the Authority under the Payment of Wages Act, Hyderabad in Case No. 29/78 under sections 15 and 16 of Payment of Wages Act by which order the delayed wages and cost total amount being Rs. 10,380, was allowed against appellants in favour of respondents Nos. 2 to 4. 2. The case of the respondents 2 to 4 was that they were serving as Practical Instructors in Earth Moving Training Academy M. C. P. WAPDA Colony, Jamshoro. The Government had revised the pay scales with effect from 1-6-1962 and the said respondents claimed the same which claim was accepted by the appellants in the year 1974 and later it was admitted by the appellants that Akbar Khan was entitled to Rs. 2,922, Anwar Hussain was entitled to Rs. 3,369, and Mir Hyder was entitled to Rs. 2,632. The claim of the said amounts was accepted by the appellant on 7-8-1975. The respondents Nos. 2 to 4 filed the main application on 26-3-1978 which was allowed as per said order. 3. The appellants have contested the said order on the ground that the original application was not maintainable being time-barred and that the respondents Nos. 2 to 4 were not workmen but public servants and as such the Authority under the Payment of Wages Act, Hyderabad bad no jurisdiction to grant the said delayed wages. 4. Admittedly the claim of the respondents Nos. 2 to 4 was admitted on 29-6-74 as per letter Exh. P/1 and another letter dated 11-11-74 Exh. 3, but the fixed amount was not mentioned in it. The said respondents moved an application to the…

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