Law: Constitution of Pakistan, 1973

Section: 199

Law: Payment of Wages Act, 1936

Section: 17, 15, 17(1)

Law: Provisional Constitution Order (1 of 1981)

Section: Art. 9

(a) Constitution of Pakistan (1973)--------Art. 199-Payment of Wages Act (.IV of 1936), S. 17-Amount of compensation not deposited within 30 days of order as such condition precedent for filing appeal not complied with Deposit certificate not produced in spite of opportunity given-Held, no exception can be taken to order of dismissal of appeal. (b) Provisional Constitution Order (1 of 1981)--------Art. 9 -Payment of Wages Act (IV of 1936), Ss. 15 & .17 (1)�Joint applications-Contention that Authority has no jurisdiction to entertain joint application, held, has no force-Non-maintainabi�lity of joint application not stated-Even otherwise such objection too technical to be considered in Constitutional jurisdiction when no prejudice is shown to have been caused-Remedy by way of appeal availed without complying condition precedent, allowing to question order of Authority would defeat provisions of S. 17(l)�Petition dismissed in circumstances of case. JUDGMENT NAIMUDDIN, J.-Respondents Nos.1 to 8 . joint filed an application under section 15 of the Payment of Wages Act 1936, thereinafter called the Act), with a prayer that the . respondents may be directed to pay Rs. 2,349 being the amount deducted from wages of the respondents plus Rs. 23,940 being the amount of compensation; to them on the ground of illegal deduction of wages. The authority under the Payment of Wages Act, Sukkur (hereinafter called the Authority), by the order dated 10th January, 1982, declared that the amount deducted from the wages-of the respondents was illegal and ordered that the amount deducted from the wages of the respondents since November, 1978, which came to Rs. 4,027 upto December, 1981 and two times compensation for illegal deduction be deposited within 30 days of the order. Aggrieved by this order the petitioners filed an appeal under section 17 of the Act which was rejected on the ground that mandatory condition provided in the proviso to section 17 (1) of the Act was not complied with, inasmuch as the certificate of deposit of the amount awarded by the Authority was not filed alongwith the appeal. It is stated that the appeal was filed on…

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