Law:

Section:

(a) Constitution of Pakistan (1973)----Arts. 185 & 199--Payment of Wages Act (IV of 1936), S.17--Writ jurisdiction--Remand order--Adequate remedy available in lower Court-­Writ recalled--Labour Appellate Court remanding case for decision afresh after affording opportunity to parties to produce evidence--Order set aside by High Court in writ jurisdiction--Order of remand not being final adjudication of claim and adequate remedy was available in law--Writ petition, held, was incompetent--Impugned order being in excess of jurisdiction vested under Art. 199 of Constitution of Pakistan (1973) writ already issued recalled--Petition converted into appeal and allowed. (b) Payment of Wages Act (IV of 1936)-----S. 17 (1) (a)--Certificate of payment--Competency of appeal--Filing of certificate of payment before Labour Appellate Tribunal would be substantial compliance with law--Appeal would lie when certificate is filed--Provision of S.1.7 mentions only period within which amount should be deposited and not that it should be deposited before filing an appeal or after its institution . ORDER MIAN BURHANUDDIN KHAN. J..--By this petition leave is sought to appeal against the judgment and order of Lahore High Court, Rawalpindi Bench, dated the 18th December, 1984 passed in Writ Petition No. 9889 of 1980. 2. Facts giving rise to this petition are that on the 13th October, 1966 West Pakistan Industrial Court, Lahore gave an award that A.C.C. Attendants were also members of the Running Staff and were entitled to Mileage Allowance as payable to the drivers and guards. After this Award, the Railway Administration started paying Mileage Allowance to the respondents; that on 19th January, 1976, in another case Mushtaq Ahmad v. Divisional Superintendent, Pakistan Railways in which the respondents were not parties, the Punjab Labour Appellate Tribunal held that A.C.C. Attendants (appellants in that appeal) were entitles; to the overtime wages as were admissible to the drivers. After this decision the Railway Administration started making payment of overtime Wages as well provisionally with effect from 19th January, 1976; that for the first time in 1977 the respondents filed…

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