Law:

Section:

(a) West Pakistan Shops and Establishment Ordinance (VIII of 1969)-- ---S. 2--Factories Act (XXV of 1934), S. 2--Establishment registered as "factory" under provisions of Factories Act, 1934 and issuance of certificate of such registration--Such establishment, held, would be a 'factory' within the scope and manner of Ordinance VIII of 1969. Bashir Ahmad Zia v. The Chairman, Punjab Labour Appellate Tribunal and another 1982 S C M R 407 and I.E. Saleh v. Messrs International Laboratories Ltd., Karachi and 2 others P L D 1975 Kar. 279 ref. (b) West Pakistan Shops and Establishment Ordinance (VIII of 1969)--- ---S. 12(2)--Payment of Wages Act (IV of 1936), Ss. 1(4)(5) & 2(cl. II)--Payment of wages of employee delayed or withheld--Remedy-­Employee of establishment would be entitled to apply to Authority, under Payment of Wages Act, soliciting direction for payment of wages delayed or withheld provided provisions of Ordinance VIII of 1969 were applicable to such establishment--Provisions of S. 2 of Ordinance VIII of 1969 expressly exclude factory which would thus not be an establishment within ambit thereof--Authority under Payment of Wages Act, held, would have no jurisdiction to entertain petition soliciting direction for payment of wages delayed or withheld in relation to employee of a factory. (c) West Pakistan Shops and Establishment Ordinance (VIII of 1969)---- ---S. 12(6)--Constitution of Pakistan (1973), Art. 199--Appeal against direction of Authority--Maintainability of--Appeal would be competent under subsection (6) of S. 12 only against a direction of Authority made either under subsection (3) or (4) of S. 12 of Ordinance VIII of 1969--In absence of such direction or where application soliciting such direction had been dismissed, no appeal would be competent--Exercise of jurisdiction by Appellate Court without direction of Authority being without jurisdiction was set aside by High Court in exercise of constitutional jurisdiction. JUDGMENT Imtiaz Ahmad Taj respondent No.3 was serving with petitioner No.1 as a Sales Manager which post he resigned on 20-8-1983. His resignation was accepted and he was asked to collect his dues. He did not receive them and…

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