Case Details

Citation(s)
1983 SLG 538 1983 SLD 538 1983 PLD 291
Lahore High Court
Writ Petition No. 1205 of 1982, heard on 21st December, 1982
MUHAMMAD MUNIR KHAN, J
Malik Hamid Mahmood for Petitioner. Ch. Nazir Hussain and Mian Zafar Yasin for
Respondents.

THIS DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN

VS

SARDAR MUHAMMAD AND 2 others--Respondents

Law:

Section:

(a) Provisional Constitution Order (P. O. 1 of 1981) -- Art. 9 - Constitutional petition-Petitioner filing Constitutional petition against order of Authority under Payment of Wages Act after 10 months of impugned order-Delay not explained at all-Contention that petitioner being Pakistan Railways some formalities were to be completed before filing Constitutional petition and since order in question being void can be struck down at any time regardless of laches-Contention, held, not convincing, Pakistan Railways to be treated at par with ordinary litigant, and Authority having jurisdiction to accept or reject claim, it cannot be said that order passed by them void enough to rule out delay-Constitutional Petition suffering from laches, and dismissed, in circumstances-Payment of Wages Act (V of 1936), S. 15(2). (b) Provisional Constitution Order (P. O. 1 of 1981)- Art. 9-Constitutional petition-Nothing on record showing order of Authority under Payment of Wages Act being mala fide, arbitrary, ultra vires and illegal inasmuch as Authority had jurisdiction to allow claim-Courts below applying mind properly to legal and factual aspects of case with sound reasons-Conclusions arrived at by court elaborately dealing with all points raised by petitioner-Points raised, at Constitutional petition stage fully discussed and thrashed out by Courts below having exclusive jurisdiction over matter-Petition dismissed in circumstances. JUDGMENT These are 38 writ petitions Nos. 1205 to 1224 of 1982 under Article 9 of Provisional Constitution Order, 1981, whereby, the Divisional Superintendent, Pakistan Railways Multan, the petitioner, wants this Court to declare the order dated 31-10-1981 of the Authority under the Payment of Wages Act (hereinafter referred as Authority) disposing of 38 applications under section 15 of the Payment of Wages Act (hereinafter referred as Act) moved by the private respondents of these writ petitions against the petitioner herein and order dated 31-13-1981 of the Punjab Labour Court No. 9, Multan, respondent No. 2 dismissing 38 appear filed by the petitioner herein against the order dated 31-10-1981 passed by respondent No. 3, to be without lawful…
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