Law:

Section:

Payment of Wages Act (IV of 1936)- W--- Ss. 15 & 17-Deducted wages-WAPDA employee-Arrested after raid in criminal case of corruption-Suspended-Acquitted by criminal Court in corruption case-Suspension period treated as leave due and allowed only 50% of wages --Depriving an employee of wages of suspension period, in circumstances, held, not justified and amounted to punishment and could not be awarded without show-cause notice-Order of Authority allowing deducted wages; in circumstances, upheld by Labour Appellate Tribunal. Ch. Sadiq Muhammad Warraich for Petitioner. Khalid Ahmad and A. Rashid Malik for Respondents. Date of hearing : 3rd April, 1983. JUDGMENT The appellate decision dated 25th May, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi has been chal­lenged in this revision, whereby accepting the appeal of the respondent the order of the Authority under the Payment of Wages Act dated 1st February, 1981 was set aside. 2. The appellant was raided and was arrested while receiving illegal gratification. He was suspended. Ultimately he was acquitted. The res­pondent reinstated him but treated the period of suspension as on leave due, with the result that the petitioner lost half of the wages of the said period. During suspension he had been receiving 50% wages under the rules. The Authority under the Payment of Wages Act allowed the deducted wages amounting to Rs. 16,000 plus one time compensation totaling Its. 32,000. 3. The learned lower appellate Court has applied rule 8 of WAPDA Efficiency and Discipline Rules of 1966 framed under section 18 of WAPDA Act of 1958. 4. Learned counsel for the petitioner has argued that rules of 1966 have been repealed by the rules of 1975, therefore, the learned lower appellate Court wrongly applied rules of 1966. The objection is well founded but it makes no difference as regarding suspension there is no difference between repealed and new rules. This is not the case of the respondent that any domestic enquiry was held against the petitioner before or after he was acquitted by the criminal Court This is…

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