Law:

Section:

Pakistan Railways Personnel Manual, Vol. I--- ---Rr.II, 6 (i) (ff) (iii) & (iv)--Dearness allowances--Notification No. 12, dated 15-6-1977 modified and amended ab initio vide notification, dated 15-1-1978 thereby excluding 55% running allowance for calculating dearness allowance and same allowed on basic pay only--Subsequent notification, held, within power of Railways Administration--Such act, held, neither involved estoppel nor objectionable for being retrospective--Objection that amended notification not applicable to those already in service--Rejected--Such employees however, held, got a vested right by getting dearness allowance calculated on pay including 55% running allowance for period prior to subsequent notification hence no recovery on that account could be made from them--Administration, held, could fix their pay according to subsequent notification for period thereafter-­ General Clauses Act (X of 1897), Ss. 6 & 21. P L D 1965 Pesh. 47; P L D 1971 S C 846 and P L D 1969 S C 407 distinguished. Muhammad Akram with Sh. Abdul Ghafoor for Representatives of Petitioners. Hamid Mahmood Malik for Respondent. Date of hearing: 21st March, 1984. JUDGMENT The two revisions captioned above arise from the decisions, dated 23-5-1982 delivered by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi in his appellate jurisdiction under section 17 of the Payment of Wages Act. As common questions of facts and law are involved in both the revisions, they are being disposed of together through this single judgment. 2. The petitioners belong to the running staff and are allowed 55% running allowance. They are entitled to three kinds of dearness allowances under rules II,(6) (i), (ii) and (iii) of Personnel Manual Volume-I. Rule 6(i) allows Rs.35 to the employees drawing pay up to Rs.700 with marginal adjustments for those drawing pay between Rs.700 and Rs.735 with effect from 1-8-1973. Rule 6(il) makes them entitled to a special dearness allowance at 10% of pay subject to minimum of Rs.50 and maximum of Rs. 150 with effect from 8-6-1974. Rule 6(iii) further allows with effect from 7-4-1975 dearness allowance at flat rate of Rs. 25 per month. In…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492