Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---S. 17--Claim to benefits on self sought retirement--Claim to ten months' wages in addition to benefits as per agreement of employer and employee granted by Authority--Explicit finding, held, was required to be recorded in respect of agreement relating to aim of employee for ten months additional pay--Question to be considered was whether employee would be entitled to such benefits even though he had sought retirement only 14 days earlier than specified date from which such entitlement would have been justified---Labour Courts decision to remand case to Authority for determination of entitlement to additional benefit upheld by Labour Appellate Tribunal. (b) Payment of Wages Act (IV of 1936)--- ---S. 17--Limitation Act (IX of 1908), S.14--Condonation of delay--Time spent in pursuing remedy in wrong Court, computation of--S. 14. Limitation Act, held, would apply only, where period spent was sought to be excluded, consumed in Court, lacked jurisdiction in proceedings-­Labour Court was justified, in by excluding time spent in proceedings of review application which was not competent. 1981 P L C 514 ref. Muhammad Ashraf, Representative for Petitioner­ Shamim Ahmad Khan for Respondent. Date of hearing: 22nd June, 1986. JUDGMENT The revision captioned above reports that the decision dated 5-4-1986 recorded by learned Court No.4, Faisalabad in its appellate jurisdiction under section 17 of the Payment of Wages Act is wrong and of no legal effect. 2. The learned lower Court excluded the period spent by the respondent in persuing the review petition before the learned Authority under the Payment of Wages Act, treated the appeal as within time and remanded the case to the learned Authority for framing issue on the point whether it was a case of delayed or deducted wages and directed the Authority to record decision thereon and to re-decide the all case issue-wise. The facts are that the petitioner sought retirement which was allowed and he on 4-2-1984 applied for the benefits which were given to him. An agreement was executed between the management and the union that the persons who would tender resignations up to 18-2-1984 would…

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