Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 37-Employees of Irrigation Department like Baildars claiming rest and recreation allowance admissible under Government policy-Entitlement accepted by Department but payment not made due to lapse of financial year-Grievance petition, in circumstances, held, rightly accepted by Labour Court-Interference in appeal on technical objection that such employees being Civil Servants were not within jurisdiction of Labour Court, in circum­stances, refused by Appellate Tribunal. Shafiq Ahmad for Appellants. Manzoor Hussain Bokhari for Respondents. Date of hearing : 10th January 1981. JUDGMENT Vide copy of Letter No. FD. SR-III-13-69/67 dated 1-6-1977 from the Government of Punjab, Finance Department, addressed to all the Heads of attached Departments in the Punjab (Exh. R-1), the Governor of the Punjab in supersession of all the existing instructions was pleased to order that with effect from 1-7-1977, the grant of rest and recreation allowance shall be regulated as mentioned under the said letter. Allah Wasaya and 13 others, respondents, are permanent employees of the Irrigation Department (Taunsa Barrage Division), Kot Addu, District Muzaffargarh). Admittedly they were entitled to rest and recreation allowance and they were duly paid the said allowance for the financial years 1977 and 1978. For the year 1979 they duly submitted the required applications for the grant of leave and recreation allowance. These applications were duly sanctioned vide Office Order No. 1589-73/17-E(a) dated 21-6-1979. The bail was also sanctioned by the District Accounts Officer, Muzaffargarh on 30-6-1979. Unfortunately, the said bill was received late in the Sub-Treasury Office, Kot Addu and, therefore, the payment could not be made to the respon­dents. They claim to have made representations and Departmental appeals to the appropriate authority but without any success. After serving grievance notice, the respondents approached the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. Allah Wasaya and Rahim Bakhsh appeared for the respondents, while the Management relied upon documents Exhs. R-1 to R-11.…

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