Law:

Section:

Constitution of Pakistan (1973)-- ---Art. 199--Pakistan Railway Establishment Code, Vol. 11, Rr. 2043(F.R. 53) 2044(F.R. 54) read with R. 2003(4)--Payment of Wages Act (IV of 1936), Ss. 2(vi) & 15--Pay--Subsistence grant--Railway employee suspended from service as a consequence of his involvement in some criminal cases and after honourable acquittal therefrom re-instated with full benefits and restored to his post--all salary for period of suspension calculated under R. 2044 of the Code and after deducting the amount paid to him as "subsistence grant" during suspension, balance of salary paid to him--Authority under Payment of Wages Act, however, allowing claim of employee for payment of deducted amount which order on appeal was upheld by Labour Court--Rules 2043 & 2044 of Railway Establishment Code do not seek to carve out a new contract of employment between the parties nor payment of subsistence grant was intended to be a penal consequence for initiating a misconceived action against the employee or rewarding employee for suffering inconvenience on account of that abortive action--Analysis of Rules shows no ambiguity and there was no justification to compel the employer to pay to employee full salary although he had already received, half of it during period of his suspension--Action taken by employer, held, did not call for interference--Petition allowed and impugned orders quashed and set aside--Full salary allowed to employee by Authority, if not already paid, directed to be paid after deducting payments made during suspension period in terms of R. 2003 of the Code. 1980 P L C 908; P L D 1974 S C 1; N.W.R., Lahore v Muhammad Sharif P L D 1963 S C 340; P L D 1971 Lah. 355; Sardar Ali Bhutto v. Pakistan through General Manager, N.W.R., Lahore P L D 1961 Lah. 664 and Pakistan Railways Wazir Ahmed 1981 P L C 618 held nut applicable. Shabir Ahmad Awan for Petitioner. Respondent No. 1 in person. Date of hearing: 24th September, 1984. JUDGMENT The short question falling for determination in this Constitutional Petition is whether the Pakistan Railways are liable to pay to the respondent No. 1 his salary without deducting the amount paid to him as…

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