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Industrial dispute-- ---Pay--Wages--Wages may but pay would not include allowance--Railway employees of Running Staff getting running allowance--Absorbed in other categories due to incapacitation held could not claim running allowance over and above pay of post in which absorbed unless allowed specifically by competent authority. Respondent in person. Date of hearing: 26th January, 1986. JUDGMENT The decision, dated 7-1-1985 recorded by learned Labour Court No. 5, Faisalabad has been challenged whereby grievance petition of the respondent was accepted and the appellant was directed to fix the pay of the respondent including in it 55$ running allowance. 2. The facts are that the respondent was a Foreman in the Running Staff and in an accident was incapacitated from serving as such on account loosing of one leg. He was absorbed as a Shed Man in Scale No. 8. As Fireman he was in Scale No. 5. While fixing his pay he was not allowed 55$ running allowance which he was getting as a Fireman. He relied upon award copy of which is Exh. P. 10. According to demand No, 11 of the said award it was agreed that the scale of pay of employees belonging to the Running Staff should be protected. The learned lower Court has relied upon the said award and rules 2003 (FR-9)(2)(3) and has directed the appellants to include 55 running allowance which the respondent was getting as a Fireman. Neither demand No. 11 of award Exh. P. 10 nor the rule cited in the learned lower Court judgment support the case of the respondent. The words in clause No. 11 of award Exh. P.10 are not that the employees belonging to the Running Staff when absorbed in other categories due to having been incapacitated from serving on a post belonging to the Running Staff, would be entitled to 55$ running allowance. What actually is written reads: - "scale of pay would be protected" Scale as of the basic pay included yearly increment earned by an employee and but by any stretch of imagination includes any allowance unless the employer or any authority competent in that behalf has expressly included allowances in the pay. Wages may include allowances but 'pay' cannot include any allowances. 55% running allowance is…

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