Law:

Section:

Payment of Wages Act (IV of 1936)---- ----S. 15 (3), proviso-Compensation-Authority empowered to award compensation not only for dues illegally deducted but also for delayed wages-Discretion to award compensation and amount of compensation must be fixed keeping in mind circumstances of case-­Bus Conductor of Sind Road Transport Corporation remaining away from duty under treatment of doctor of Corporation reporting for duty when that Corporation bifurcated and Karachi Transport Corporation also established-Not given duty for some time due to fact that he was from amongst those retrenched due: to reorgainsation-Claiming wages for entire period of his illness covered by medical certificates and also for period for which no duty assigned after reporting for duty-Authority awarding wags for such total period plus compensation @ 5 times of such wages-Labour Court in appeal reducing compensation @ two times of wages-Labour Appellate Tribunal in suo motu exercise of revision powers examining case-Held : Bus Conductor, in circumstances, was entitled to wages for period for which leave on medical grounds was due and nothing more-For compensation purpose case, in circumstances, held, covered by proviso to S. 15 (3) of Payment of Wages Act, 1936 and delay in settling claim being due to abnormal circumstances and bona fide dispute on account of bifurcation of Karachi Transport Corporation from Sind Road Transport Corporation claimant was not entitled to any compensation-Industrial Relations Ordinance (XXIII of 1969), S. 38 (3-a) read with Payment of Wages Act (IV of 1936), S. 17. Abdul Muneem Khan for Applicant. Raees M. Mushtaq for Respondent No. 1. Sirajul Haque Qureshi for Respondent No. 2. Date of hearing :15th March, 1983. ORDER The Record & Proceedings of Appeal No. 2/82, instituted S. R. T. C. v. Shamshuddin and another, were called for in the exercise of the suo moru powers of revision of this Tribunal to examine the correctness, legality and propriety of the Order passed by the learned Vth Labour Court, an appellate authority under the Payment of Wages Act, 1936, modifying the Order, dated 20th January, 1982, passed by the learned Authority under the Payment of…

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