Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. O. 12(1)-Retirement-A form of termination of service-Needs one month's notice-Employee of Road Transport Corporation--­Retired without notice-Order of Authority under Payment of Wages Act, 1936 granting one month's pay in lieu of notice upheld by Labour Court-Payment of Wages Act (IV of 1936), Ss. 15 & 17. 1980 P L C 1105 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. Os. 8 (1) & 9 read with Factories Act (XXV of 1934), Chap. . IV-A-Encashment of unavailed earned leave-Employee of Road Transport Corporation allowed encashment of entire leave due . by practice and usage prior to promulgation of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968­Such encashment benefit more favourable. than that admissible. under Ordinance and -Chapter IV-A of Factories -Act, 1934-Protected under S. O. 9-Employet, held, entitled to such encashment on retirement. 1976PLC489and 1979PLC7rel. R. M. Mushtaq for Appellants. Amanullah Qureshi for Respondent. ORDER This is appeal moved by S.R.T.C. under section 17 of Payment of Wages Act. 2 Parties were agreed on facts that respondent Abdul Rehman was permanent Traffic Assistant in S.R.T.C. and that he was retired with effect from 26-3-1980. It is also admitted that the respondent was never allowed to leave encashment during his service. 3. In his application under section 15 of said Act moved before the Authority the respondent claimed from appellant S.R.T.C. Rs. 622 as notice pay and Rs. 5,122 as arrears of leave encashment which according to the respondent is admissible in S.R.T.C., and such right was recognized under section 12(4) of the Standing Orders Ordinance. It was added that the employees whose services were terminated recently were paid leave encashment. 4. The application was opposed by the appellant who in his written statement contended that the respondent was governed under Road Transport Workers Ordinance and the rules framed by S.R.T.C. Claim of the respondent was denied. 5. Learned Authority framed issues on the…

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