Case Details

Citation(s)
1982 SLG 1496 1982 SLD 1496 1982 PLC 408
Labour Appellate Tribunal, Sindh
Appeal No. 15 of 1981, decided on 12th October, 1981.
MUKHTAR AHMAD, JUNEJO, PRESIDING OFFICER

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WAPDA THROUGH RESIDENT ENGINEER, GAS TURBINE POWER STATION KOTRI

VS

HANIFULLAH

Law:

Section:

(a) Payment of Wages Act (IV of 1936)-------- -- S. 17(I)-Appeal against order of Authority--Limitation-Word "may" used in subsection (1) of S. 17 shows no com­pulsion for appeal being necessarily filed within 30 days-No strict technical note to be taken of limitation period-Appeal can not be filed without deposit certificate-Appellant making deposit of amount as per impugned order of Authority within 30 days of passing of impugned order-Deposit made by cheque-Authority accepting cheque-Certificate issued after amount of cheque realised by Authority-Appeal filed one day before issuance of deposit cer­tificate and on date of realisation of amount of cheque-Correspon­ding delay in issue of certificate causing admittance of appeal--­Such delay not being due to any fault on part, of appellant objection regarding limitation rejected. P L D1973 S C 295; 1980 S C M R 56; 1978 S C M R 457; P L D 1973 Kar. 618 and 1978 P L C 289 ref. 1979 P L C 1 rel. (b) Payment of Wages Act (IV of 1936)----- --S. 17-Deposit with Authority-Issuance of deposit certificate---­Deposit by cheque-Irregular--Irregularity cured if cheque accepted by Authority and amount of cheque realised-Deposit cer­tificate issued after realisation of amount of cheque-Substantial compliance of law, if not technical compliance, held, made. 1978 P L C 289 and 1979 P L C 1 ref. (c) Payment of Wages Act (IV of 1936)------- -- S. 17 read with Courts Fees Act (VII of 1870), S. 28-Appeal filed initially with deficient stamp-Before being asked appellant making good deficiency on next day voluntarily-Objection as to deficient court-fee, in circumstances, overruled-[P L D 1979 S C 821 held not applicable]. 1979 S C M R 46 and P L D 1981 Lab. 206 distinguished. P L D 1972 Kar. 164; P L D 1975 Kar 59 and P L D 1975 Lab 1016 rel. P L D 1979 S C 821 held not applicable. Abdul Hameed Khan for Appellant. S. F. H. Rizvi for Respondent. ORDER Appellant WAPDA has filed this appeal under section 17 of the Payment of Wages Act. Respondent was admittedly a Pump Drier at the Canal Pump Station which supplies water to the Gas Turbine Power Station, Kotri and he is employee of WAPDA. It is also admitted position that the Per­sons…
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