Law:

Section:

(a) Payment of Wages Act (V of 1936)-- --Ss. 15 & 17--"Workman"--Whether employee of Railways a "workman" or a Civil "servant"--Determination of question--Duties performed by such employee to be seen--Question being a mixed question of law and fact, objection in this behalf could be raised before' Authority under payment of Wages Act so that said Authority could determine with reference to duties being performed by employees if they were "workmen" or "Civil servants". Ghulam Mohi-ud-Din v. Chief Settlement Commissioner and two others P L D 1964 S C 829 rel. (b) Payment of Wages Act (V of 1936)-- ---Ss. 15 & 17--Constitution of Pakistan (1373), Art. 199--Question whether an employee is a "workman" or a "civil servant"--Mixed question of law and fact--Question not raised before Authority under payment of Wages Act and Labour Court, could not be allowed to be raised in Constitutional jurisdiction. District Controller of Stores v. Punjab Labour Appellate Tribunal, Lahore and 2 others 1983 S C. M R 155 rel. (c) Payment of Wages Act (V of 1936)-- --S. 15--Constitution of Pakistan (1973), Art. 199--Wages--Penalty-­Authority under payment of Wages Act arriving at finding of fact that person like other members of staff were also entitled to payment of advance increments under Incentive Scheme as they were serving in same Branch--Such finding, held, could not be interfered with in exercise of Constitutional Jurisdiction. Mufti Mushtaq Ahmad v. The Federation of Pakistan P L D 1981 SC 172; Muzaffar Abbas Naqvi etc. v. Islamic Republic of Pakistan etc. 1980 P L C 904; Divisional Superintendent, Pakistan Railways, Karachi v. Mrs. Nasim Sadiq 1982 P L C 747 and Hafeezud Din v. Mian Khadim Hussain and another P L D 1965 Lah. 439 ref. (d) Payment oaf Wages Act (V of 1936)--- ---S. 15--Constitution of Pakistan (1973), Art. 199--Penalty--Despite repeated requests persons were refused benefit of advance increments to which they were entitled--Award of compensation equal to five times of deducted wages allowed by Authority under Payment of Wages Act, held, could not be regarded as illegal or perverse in circumstances and no exception could be taken thereto by High Court in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492