Law:

Section:

Pakistan Railway Code (Engineering Branch)--- --- R. 1901--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Railway Guard--Wages more than Rs.1,000 p.m.--Occupying residential quarter claiming to be charged assessed rent @ Rs.9.75 instead of recovery being made @ 5% of pay under rules--Retention of quarter not a right--No right guaranteed under law, held, was infringed by recovery of rent @ 5% of pay--Grievance petition before Labour Court was thus not maintainable. Shabbir Ahmad Awan for Appellants. Nemo for Respondent. Date of hearing: 6th May, 1986. This is an appeal filed by the appellant, Pakistan] Railways, Sukkur, against the impugned order, dated 6-11-1983, passed by the Sind Labour Court No. VII at Sukkur, who allowed the grievance petition of the respondent filed under section 25-A, I.R.O. 1969. 2. The brief facts of the case are that the respondent was working in the appellant Railways in the capacity of Guard Grade-III with Headquarters at Rohri and was residing in Railway Quarter No. 210/B of Q-27 type and that he was paying monthly rent of the said Quarter at the rate of Rs.9.75 as assessed rent. That the appellant Railways had started recovery of Rs.57 per month from the month of March, 1980 as the rent of the said quarter at the rate of 5% of his wages. The respondent filed an application under section 15 of the Payment of Wages Act before the Authority for Payment of Wages Act for the refund of the excess amount and the same was dismissed on 10-2-1982 for want of jurisdiction. Thereafter, he preferred an appeal before the learned Labour Court No. VII at Sukkur which was too dismissed on 28-8-1982, but, with certain directions to the appellant Railways. In response to such directions, the appellant Railways, vide their letter, dated 9-10-1982 had informed the respondent that he was entitled to the quarter of Q-30 type but such quarter was not available with them and so they had suggested the respondent to retain the said quarter at the rate of 5$ as its rent or to vacate the same. That, though the respondent had replied to this letter, but, the appellant Railways continued to recover the rent at the rate of 5$ of his wages…

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