Law:

Section:

. (a) Employees' Cost of Living (Relief) Act, 1973 (1 of 1974)-- ---S. 6(b)--Payment of Wages Act (IV of 1936), S.15(1)--Non-payment of allowances--Jurisdiction of 'Authority' to grant--Claimants of allowances being covered under definition of 'employee' given in Act I of 1974, held, would be entitled to payment thereof--'Authority,' notified under Payment of Wages Act, would be proper forum to grant such relief . 1986 P L C 941rel. (b) Payment of Wages Act (IV of 1936)--- ---S. 15(1)--Employees' Cost of Living (Relief) Act, 1973 (I of 1974), S.6(b)--Claim for allowances, grant of--'Authority', under Payment of Wages Act being empowered to grant relief in respect of allowances under Act I of 1974 granted such relief to employees on proof of their entitlement thereto. M. Bashir Awan for Applicant. S.F.H. Rizvi for Opponent. ORDER By this order I will dispose of the application fifed by the applicant union for seeking directions for payment of the allowances to the employees named in the claim sheet. Briefly the facts are that the applicants were employed on work charged establishment for the claim period in the opponent division. The Government of Pakistan brought amendments in Employees Cost of Living (Relief) Act, 1973, by promulgating Ordinance No. XXXII of 1980 and Ordinance No. XXV of 1981 effective from 1-7-1980 and from 1-7-1981 respectively, whereby an allowance of Rs.40 per month under each Ordinance was sanctioned to the employees. The opponent filed the written statement. On 31-8-1982, the applicants Union filed an application seeking amendment in the pleadings and claim sheet. On bearing the parties the amendment was allowed and the opponent side was also allowed to file the amended written statement, which they did. The opponent denied the entitlement of the claim to the applicants, and questioned the jurisdiction of this Court to award the relief of this kind. The following issues were settled:- (1) Whether the application is maintainable? (2) Whether the applicants have locus standi to maintain the present application? (3) Whether this authority has jurisdiction in the matter? (4) Whether the applicants are entitled to Cost of Living Allowances as…

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