Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---Ss.15 & 17--Industrial Relations Ordinance (XXIII of 1969), S.2(xx)--Punjab Factories Rules 1978, 8.131--Encashment of Festival holidays--Facility of encashment, held, could be allowed on discretion of management who may allow encashment or one day additional compensatory holiday with full pay and substituted holiday-Discretion having not been exercised by management in favour of workers, they could not choose to have such facility. (b) Payment of Wages Act (IV of 1936)-- ---Ss.15 & 17--Punjab Factories Rules 1978, 8.131--Factories Act (XXV of 1934), S.47--Encashment of holidays overtime--Work done on holidays cannot be considered overtime--Reasons stated. (c) Payment of Wages Act (IV of 1936)-- ---Ss.15 & 17--Punjab Factories Rules 1978, 8..131--Encashment of holidays--Claim originally put for compensation, held, could not be changed into a new plea for overtime. Date of institution 25th May, 1986. JUDGMENT This judgment shall dispose of an appeal under section 17 of the Payment of Wages Act, 1936, instituted by the Chairman, Municipal Committee, Dera Ghazi Khan, challenging the order of the Authority, D.G. Khan, passed by it on 28-4-1986, whereby he has been directed to make payment to Ghulam Hassan and 16 others, the respondents, allegedly for work done by them on weekly, festival and other official holidays. 2. The facts leading toward the dispute divulge out from the relationship of the parties as employer and employees. Ghulam Hassan etc. work under the appellant in water supply branch meant for public use at large. The respondents' contention is that the establishment containing them is covered by the laws applicable to the factories. The said laws make room for them to avail weekly, festival and other official holidays. In case it is not possible to allow them to avail these holidays, the respondents are entitled to claim compensation in terms of money, in lieu thereof. The appellant has denied them both. Considering that encashment is the appropriate remedy for them, in the given situation, the respondents took the appellant before the Authority, D.G. Khan, for it under section 15 of the Payment of…

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