Law:

Section:

(a) Constitution of Pakistan (1973)-- -- Art. 199 read with Industrial Relations Ordinance (XXIII of 1969, S. 38(,3-a) and Payment of Wages Act (IV of 1936), S. 17-Writ jurisdiction--Alternative remedy-Appellate order of Labour Court under S. 17 of Payment of Wages Act, 1936 challenged in writ petition before High Court-Objection that remedy of revision before Labour Appellate Tribunal against impugned order could be availed hence writ petition was incompetent-Appellate order of Labour Court under S. 17 of Payment of Wages Act, 1936 not open to revision by Labour Appellate Tribunal-Objection, in circumstances, rejected. National Cement Industries v. Sind Labour .4ppellate Tribunal 1981 P L C 561 rel. (b) Payment of Wages Act (IV of 1936)- ---S. 15-Compensation Wages due claimed paid to petitioner during Pendency of proceedings before Authority and petitioner accepting same under protest--Contention that there being nothing due on date of decision by Authority no compensation could be allowed-Rejected-Held Nothing, in circumstances, prevented Authority or appellate Court from granting compensation if it found that same was due and payable to petitioner. Chaman Lai Ishwar Lai Mehta v. Junior Inspector of Factories A I R 1942 Born. 273 and Chief Inspector of Factories UP v. V. K. Modi A I R 1951 All. 804 distinguished. (c) Payment of Wages Act (IV of 1936)--- -- Ss. 15(3) & 16 and Railway Establishment Code, r. 2044­Deducted wages-Grant of compensation-Railway employee not permitted to assume duty-Civil Court decreeing suit in his favour where after permitted to resume duty-Intervening period treated leave on due basis-Non-payment of wages for intervening period in circumstances amounted to deduction of wages and not merely delayed wages-Rule 2044 of Railway Establishment Code, in circumstances, held, did not empower Railway authorities for such action-Order of Authority and Appellate Order of Labour Court under Ss. 15 & 17 of Payment of Wages Act, 1936 granting compensation at four times of actual wages, in circumstances, held, unexceptionable-Quantum of compensation, held, fell within jurisdiction of Authority and appellate Court-In view of finding given by both…

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