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Industrial dispute-- --- Pay--Conveyance allowance for travelling to place of duty and back--Not a part of pay for calculating over-time wages except when over-time done on holidays. 1983 S C M R 916 ref. S.A. Latif for Petitioners. Saifullah Khan for Respondent. Date of hearing: 9th December, 1985. JUDGMENT The decision, dated 9-7-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.2, Lahore is reported to be wrong and of no legal effect. 2. The Authority under the Payment of Wages Act and the learned lower appellate Court have unanimously held that conveyance allowance cannot be included in ordinary rate of pay while calculating overtime wages. This kind of allowance is paid for travelling to the place of duty and coming back. When a worker does not go to discharge his duty, this allowance is not paid, such as when he is on long leave. Casual leave is different from earned leave. It is for a short period and the incumbent does not relinquish the charge, whereas while, going on a long leave, one has to relinquish the charge. He is thus not considered on duty and is not entitled to conveyance allowance. It is thus apparent that this allowance is conditional and is paid when a worker goes on duty. Other thing is that the intention of the parties is not that this kind of allowance should be treated as part of pay. If this had been their intention then it would have been allowed even to those employees who go on long leave. There is another reason for which this allowance cannot be included in ordinary rate of pay for the calculation of overtime wages. Since it is paid for travelling to the place of duty and for returning to home, the employees, who give overtime by overstaying the normal duty hours, are not entitled to it. They are not required to go to the house on the close of the normal duty hours and to come back for giving overtime. So, for…

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