Law:

Section:

Payment of Wages Act (IV of 1936)- -- Ss. 1(4), 15 & 17 read with Workmen's Compensation Act (VIII of 1923), S. 2(1) and Railways Act (IX of 1890), S. 3(7)-Railway em­ployee-Upper Division Clerk performing clerical duties and acting as computer-operator preparing passes and P. T. Os. of staff-Such employee, held, not a workman but a civil servant within exclusive jurisdiction of Service Tribunal-Claim of arrears of pay of such employee awarded by Authority under Payment of Wages Act, 1936­On appeal Labour Court setting aside award of Authority on ground that claim was time-barred -Order of Labour Court challenged before High Court by way of Constitution petition - Such Railway employee being not covered by definition of "workman" award of Authority in circumstances, held, illegal void and inoperative and constitution petition seeking maintaining a void order, held, misconceived-Constitutional jurisdiction Constitution of Pakistan (1973), Art.199. Writ Petition No. 472 of 1978 ; Mufti Mushtaq Ahmad v. The Federation of Pakistan P L D 1981 S C 172 and Ali Muhammad v. Hussain Bux and others P L D 1976 S C 37 rel. Petitioner in person. Abdul Matin Khan for Respondent No. 1. Date of hearing : 17th September, 1981. JUDGMENT This petition challenges the order of the Presiding Officer, Labour Court No. VI, at Hyderabad passed in appeal No. 15 of 1978 filed under section 17 of the Payment of Wages Act, 1936 (hereinafter called the Act). It is the case of the petitioner that he was serving as an Upper Division Clerk in the Loco Shed, Kotri in Pakistan Railways and in addition to his duties as such he had also been acting as computer-operator since June, 1959 under the Foreman, Loco Shed, Kotri. It was his case that for per­forming the additional duties as computer-operator he was entitled to special pay in terms of letter No. F-65/PAL/15-11, dated 3rd June, 1966 at the rate of Rs. 15 per month which had been sanctioned by the Government of Pakistan Finance Department under their No. F. D. (S.R.-11) 533/66, dated 3rd June, 1966. The respondent 1 accorded sanction for special pay at the rate of Rs. IS per month from 1st March, 1972 onwards under his letter No.…

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