Law:

Section:

Payment of Wages Act (IV of 1936)-- ---S.15--Deducted wages--Claim for--Limitation--Suspension period subsistence allowance--Claim for deficit due to wrong calculation in payment made after three years--Objection that alleged deficit related to period much earlier than 3 years and petition was time-barred--Held: (i) Suspension if illegal is a continuing wrong, hence, non-payment of subsistence allowance/ emoluments to which a person is entitled during suspension amounts to a continuing wrong, therefore, no limitation starts in such cases, and (ii) mistake of calculation where right to such subsistence allowance is not denied can be corrected at any time and if correction is refused person concerned can have recourse to appropriate forum. Irfan Qadir for Petitioner. Respondent in person. Date of hearing: 19th January, 1987. JUDGMENT This is a revision reporting that the order dated 23-11-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala and that of the Authority dated 25-11-1984, are wrong and improper and thus of no legal effect. 2. The facts of the case are that the respondent was proceeded against on the allegation of committing theft. He was dismissed, from service. Before that he was brought under suspension. During suspension he was paid subsistence allowance. The dispute is that the suspension allowance paid to him was deficit. The respondent, therefore, made an application under section 15 of the Payment of Wages Act for the recovery of deducted wages, which was accepted. According to the respondent, he was entitled to Rs. 16,440 but he was paid Rs. 11,176, only. The plea taken by the petitioner was that the petition was time-barred. The period for which short payment was made is splitted into two parts. First period is from 5-11-1974 to 8-12-1975 and the second is from 6-2-1976 to 5-4-1978. It has been argued by the learned counsel for the petitioner that since short payments were made, between 5-11-1974 and 8-12-1975 that for the second…

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