Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- --S. 1(4) & S. O 12 (6)--Gratuity on retirement--Employee of Government Transport Service--Provisions of Ordinance applicable--Gratuity calculable on basis of wages defined under Payment of Wages Act, 1936 i.e. inclusive of house rent allowance, conveyance allowance and not merely on basis of "pay" as defined to mean basic pay vide Gratuity Rules of Punjab Road Transport Corporation. Muhammad Aslam Kalyar, for Petitioner. Nazir Ahmad Naz Representative for Respondent. Date of hearing: 14th December, 1985. JUDGMENT The order dated 20-2-1985 recorded by the learned Presiding officer, Punjab Labour Court No.5, Faisalabad is reported to be without jurisdiction, whereby the order of the Authority under the Payment of Wages Act was upheld. 2. The respondent was retired from service and was paid gratuity on the basic pay only under rules framed under the Road Transport Workers' Ordinance. The respondent claimed that he was entitled to gratuity under Standing Order 12 (6). No doubt in the Gratuity Rules for the employees of Road Transport Corporation the word 'pay' is used which has been defined in the said rules to mean basic pay only. But the said rules are applicable to those employees of an establishment to which Standing Orders Ordinance, 1963 is not applicable. According to section 1 (4) (c) of Standing…

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