Law:

Section:

(a) Constitution of Pakistan (1973)-- -----Art. 199 read with Payment of Wages Act (IV of 1936), Ss. 15 & 17--Labour Court and Authority, after following proper procedure and hearing both parties, exercising their respec­tive jurisdictions competently and correctly as conferred by Act-­No illegality found to have been committed-Jurisdiction under Art. 199 of Constitution-Held, cannot be allowed to be exercised to provide a further right of appeal when no such right permissible under special law. (b) Constitution of Pakistan (1973)- -- Art. 199-Writ--High Court, while exercising writ jurisdiction, concerned only with question whether Court or Tribunal acted within its jurisdiction-Tribunal or Court having jurisdiction under any special law to decide a matter competent to decide it rightly or wrongly---.Mere fact such decision being incorrect--Held cannot render same without lawful authority. P L D 1974 S C 139 rel. Yousuf Rafi for Petitioner. Humeed M. Siddique for Respondent No. 3. Date of hearing : 4th November, 1978. JUDGMENT This Constitutional Petition is filed under Article 199 of the Cons­titution of the Islamic Republic of Pakistan, 1973 against the impugned order dated 10th June, 1975 passed by the Sind Labour Court No. III at Karachi as appellate Court under section 17 of the Payment of Wages Act, 1936, whereby the appeal of respondent No. 3 against the order dated 14-2-1975 passed by the Court of Authority constituted under section 15 of the Payment of Wages Act of 1936 rejecting the prayer of respondent No. 3 for recovery of claim of Rs. 2,800 in respect of gratuity and ex gratia payment, has been allowed. Shortly stated the facts are that respondent No. 3 was employed by the petitioner as Apprentice Supervisor from 2-1-1961 and thereafter he worked in various capacities and finally was promoted as Production Engineer w. e. f. 1-1-1974. Respondent No. 3 tendered the resignation from the service of the petitioner which was accepted with effect from 8-8-1974. Respondent No. 3 claimed a sum of Rs. 2,800 from the peti­tioner as under :----- (a) Bonus for the year 1972-73 Rs. 800 (b) Gratuity Rs. 1,700 (c) Ex gratia payment Rs. 300 Total Rs. 2,800…

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