Case Details

Citation(s)
1988 SLG 472 1988 SLD 472 1988 PLC 140
Labour Appellate Tribunal, Sindh
Appeal No.2 of 1987, decided on 27th April, 1987.
A., J. BACHANI, PRESIDING OFFICER
Jamal Usmani for Appellant. Ch. Rasheed Ahmed for
Respondent.

SABIR

VS

Messrs GHULAM HUSSAIN & SONS and another

Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---S. 17--Appeal against order of Authority--Contention that impugned order had been ante-dated by Authority--Allegation appearing to be mis-statement of appellant--Labour Court, in circumstances, sent case back to Authority to proceed after recording evidence and if found necessary could invoke law of contempt. (b) Payment of Wages Act (IV of 1936)-­ ---S. 17--Questions of territorial jurisdiction of Authority and applicability of Act--Questions of law and facts--No findings recorded-­Appeal against order of Authority, in circumstances, accepted and case remanded to Authority for recording its findings. ORDER Claim of 2,20,500 was preferred against M/s. Ghulam Hussain & Sons, resident of the Defence Society, before the Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, by one Sabir Khan who appeared to be Attorney on behalf of 15 Workers, shown in the annexed schedule that they were not paid the wages from 1-10-1983 to 29-4-1984. This was in respect of the claim, of unpaid wages, CLA, gratuity and the encashment of leave. They also claim to be employees of the respondent who was the contractor of KDA and ADA. 2. The learned Authority in, very brief order, has touched this legal aspect, that application was not signed by the Applicant. There is no signature of the executants on the Power of Attorney. Only Affidavit of three persons was filed. Thereafter he proceeded to discuss the contention of the respondent that in the absence of the particulars where Applicants worked or the respondent reside, the territorial jurisdiction of the Court cannot be ascertained Accordingly he dismissed the application. 3. Learned counsel Mr. Jamal Usmani has very actively contested this matter that the order passed by the learned Authority was passed on 18-2-1987 and not on 9-2-1987. He has taken exception by giving the statement of the reason that the order passed on 18-2-1987, was pasted ante showing to have been passed on 18-2-1987. The exact wordings of the counsel are reflected on page 2 of his note of argument which reads as follows:- "In token the proof of this contention a photo copy of the…
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