Law:

Section:

(a) Pakistan Railways Personnel Manual, Vol. I-- ---R.5--Gratuity--Application to be given within one month of retirement--Requirement of one month, held, was not mandatory--Claim of widow of Railway Servant who died during LPR period resisted on plea that since application for gratuity was not given by deceased within one month of retirement therefore he was not entitled to same-­Plea rejected--Held, provision not being mandatory petition could be given even beyond one month. (b) Payment of Wages Act (IV of 1936)-- ---S.15(2)--Gratuity--Claim for--Held: gratuity claim was within jurisdiction of Authority. Ch. Noor Hussain for Petitioner. Khalid Mahmood Butt for Respondent. Onto of hearing: 25th January, 1988. JUDGMENT This is a revision reporting that the decision dated 18-7-1987 recorded by learned Presiding Officer, Punjab Labour Court No.-7, Gujranwala whereby the order of the Authority dated 17-11-1986 was confirmed is without jurisdiction and of no legal effect. 2. The facts are that Muhammad Ashraf was Ex. Interlocking Misty, Pakistan Railways, Wazirabad and was retired from service and died during the period of L.P.R. His widow the respondent claimed gratuity to the tune of, Rs.40,000. The petition was opposed by the petitioner and the jurisdiction of the Authority was inter-alia attacked. The learned Authority decided that it had jurisdiction and accepted the claim to the extent of Rs.23,360. The learned lower Court has upheld the order of the learned Authority under the Payment of Wages Act. 3. It has been argued by the learned counsel for the petitioner that since the application for gratuity was not given by the deceased within one month of the retirement, therefore, he was not entitled to the same. He has cited Rule 5 of the Personnel Manual Vol-I. I do not find any force in the argument. The word "may"…

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