Law:

Section:

Payment of Wages Act (IV of 1936)- --Ss.1(4) & 17--Sind Local Government Ordinance (XII of 1979), S.3--Increment--Appellant asking for release of increment, deducted from his wages--Appellant neither employed in factory nor in manufacturing process but employed in a Municipal Corporation as a Fireman in Fire Brigade where provisions of Payment of Wages Act, held, were not applicable--Appellant had no merit on question of law--If he did not file appeal under provisions of Sind Local Government Ordinance, he could pursue remedy in administrative forum. Ibney Ayoob, Representative for Appellant. Muhammad Yasin Kayani for Respondent. ORDER This appeal is directed, against the order of Commissioner Workmen Compensation and Authority under the Payment of Wages Act, Karachi. 2. In this appeal filed by Mr. Abdul Maboob, who is the Fireman, in the service of K.M.C. has challenged the order of the authority, for the view, taken in appeal, that the learned Authority has failed to consider the provisions of the Payment of Wages Act and the Factory Act. 3. His claim was very simple, for the release of increments deducted from his wages since, 1972, and from 24-4-1970 to 23-2-1985. 4. In the learned Court, respondent also raised the objection that, the learned Authority has no jurisdiction and the application is also affected by time limitation. 5. In the arguments advanced, in the learned Court of the authority the precise submission of the K. M. C. was that the Payment of Wages Act is not applicable for, it is not a factory, in which he is employed and also he is the municipal servant, and governed by Sind Local Government Ordinance, 1979. 6. On the factual contention, the argument was also advanced that 'the applicant is not entitled to any amount, when he has not exercised option under National Scale of Pay, 1972. 7. The Court has heard Mr. Ibney Ayoob, for the aggrieved employee, and K.M.C . Representative. 8. Firstly, the question which has come before the Labour Court, whether he is employed in any factory. 9. If section 1, subsection (4) is referred in the Payment of Wages Act, it applies to the person employed in any factory, in relation to the payment of wages…

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