Law:

Section:

(a) Payment of Wages Act (IV of 1936)--- -----S. 2 (6) & 15 read with Sind Civil Servants Act (XIV of 1973), S. 2 (b) (ii)-Work-charged employee of Agriculture Department of Government-Not a civil servant-Claim of such employee for house rent allowance-Within jurisdiction of Authority-Getting pay according to National Pay Scale Rules providing also grant of house rent allowance-Order of Authority accepting claim of wages in nature of house rent allowance, in circumstances, held, un­exceptionable. 1980 P L C 1123 ; P L h 1980 Pesh. 128 ; P L D 1969 S C 407 ; 1980 PLC 90;1981 PLC 800 and 1983 PLC 102 rel. P L D 1983 Lah. 246 and 1980 P L C 361 ref. (b) Payment of Wages Act (IV of 1936)---- -----S. 17-Appeal against order of Authority- Document not produced before Authority-Cannot be produced at appellate stage. 1983 S C M R 367 and P L D 1976 Kar 811 rel. S. F. H. Rizvi for Appellant. M. Bashir Awan for Respondents. ORDER This appeal under section 17 of the Payment of Wages Act is directed against the order, dated 13th January, 1983 passed by the learned Authority at Hyderabad in application No. 84/82 filed by the respondents, whereby the claim of the respondents regarding House Rent Allowance has been allowed with the directions that the appellant-department should deposit the claim amount as awarded by the Authority. The brief facts giving rise to this appeal are that the respondent workers are employed under the appellant on work-charged establishment for the period of their claim i. e. upto 30th June, 1982, and are getting their wages under the scheme of National Scales of Pay since 1972 and by virtue of Notification, dated 21st February, 1978. It is further mentioned in the application that the respondent-workers after having completed 3-years of service, have become entitled for the fringe benefits attached to the National Pay Scales in the nature of House Rent Allowance. It is further alleged by the respondents that despite so many efforts the appellant-department has not paid them the same. Therefore the respondents filed their claim before the Authority under Payment of Wages Act at Hyderabad and sought the direction for payment against the…

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