Law:

Section:

Payment of Wages Act (IV of 1936)-- --Ss. 15 & 17--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17(1-B)--Constitution of Pakistan (1973), Art. 212--WAPDA employees--Civil servants for purposes of Service Tribunals Act, 1973--Dispute in respect of terms and conditions of service of WAPDA employees not within jurisdiction of Authority under Payment of Wages Act, 1936 and Labour Court--Order passed by Authority and Labour Court regarding alleged delayed wages of Line-men in Electricity Wing of WAPDA declared by High Court on writ petition as without lawful authority and of no legal effect--Constitutional jurisdiction-­Provisional Constitution Order, 1981, Art. 9. Mian Iqbal Khalid for Petitioner. Mahmood Hussain for Respondents. JUDGMENT The petitioner challenges the order dated 16th June, 1982 passed by the Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby his appeal was dismissed and the order of the respondent No. 2 granting a sum of Rs.16,568.94 as delayed wages to the respondents 3 to 6 was maintained. 2. Briefly, the facts of the case are that respondents 3 to 6, who were working as Linemen in the Electricity Wing of WAPDA, were transferred by the Superintending Engineer, from one sub-division to the other vide order, dated 17th of July, 1979. They were also relieved of their duties and the charge was given to the new incumbents on 18th July, 1979. The respondents, however, challenged the order of transfer under Industrial Relations Ordinance, 1969 before 'the Punjab Labour Court No.III, on the ground that same has been done mala fidely to curb the trade-union activities. The Labour Court passed a status quo order on 27th of August, 1979 but the respondents 3 to 6 remained absent from duty. Subsequently, on understanding being reached before the Labour Court, the respondents were transferred within the Sahiwal Circle and they withdrew their petition on 13th April, 1980. 3. The respondents 3 to 6 then filed an…

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