Case Details

Citation(s)
1988 SLG 1389 1988 SLD 1389 1988 PLC 876
Sindh High Court
Constitutional Petitions Nos. S-102 and S-103 of 1987, decided on 20th September, 1987.
MAMOON KAZI, J

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AHMED KHAN

VS

SIND LABOUR COURT No. 5 and another

Law:

Section:

Payment of Wages Act (IV of 1936)-- ---S.15--Constitution of Pakistan (1973), Art. 199--Territorial jurisdiction of Authority--Petitioners, employees of ex-East Pakistan Railways migrating to Pakistan and after awaiting at Karachi for over three years allowed to resume duties at Lahore and Islamabad respectively and then retiring from service on 1-3-1977--Claims of such employees for dues for waiting period at Karachi having been turned down by Railway Authorities preferring their claims before Payment of Wages Authority at Karachi which were accepted--Labour Court on appeal holding that orders passed by Authority were without jurisdiction and same were set aside--Such employees having worked under Divisional Superintendents at Lahore and Rawalpindi, no cause of action accrued to them at Karachi--Order passed by Labour Court, held, was not open to exception--Petitions dismissed in limine. Muhammad Ahmad for Petitioners. ORDER These two petitions Nos. S-102/87 and S-103/87 are being disposed of by this common order as they raise common questions of law and facts. The petitioners who were employees of East Pakistan Railways migrated to Pakistan after 15-12-1971 after the fall of East Pakistan. Thereafter, the petitioners, Ahmed Khan and Muhammad Naimatullah waited at Karachi till 22-9-1974 and 12-4-1975 respectively whercafter they were allowed to resume their duties at Lahore and Islamabad respectively. Petitioners Ahmed Khan and Muhammad Naimatullah then retired from service on 1-3-1.977 and 28-11-1976 respectively. Thereafter, they entered into correspondence with the Office of Divisional Superintendent, Railways at Karachi in respect of their dues during the waiting period from 16-12-1971 until resumption of their duties respectively. However, as the petitioners had retired when they were serving under the Head Office at Lahore, they finally received replies from the office of the D.S. Railways Lahore, informing them that their request in respect of dues for the waiting period could not be accepted. Aggrieved by this, the…
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