Case Details

Citation(s)
1988 SLG 717 1988 SLD 717 1988 PLC 138
Labour Appellate Tribunal, Sindh
Applications Nos. 51 to 54 of 1987, decided on 2nd August, 1987.
A., J. BACHANI, PRESIDING OFFICER

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YAR MUHAMMAD and 3 others

VS

Messrs DELTA ARK SERVICE (PRIVATE) LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A--Payment of Wages Act (IV of 1936), S. 15--Jurisdiction of Labour Court and Authority--Payment of Wages Act, 1936 a special legislation to deal with cases of delayed or deducted wages--Labour Court under S. 25-A of Industrial Relations Ordinance, 1969 has jurisdiction wide enough to redress individual wrong if right involved is secured or guaranteed under award, settlement or law--Petitioner claiming status of a permanent workman, issuance of appointment order and alleged unilateral reduction of salary--Such questions being inter­related and indivisible, held, were within jurisdiction of Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25,-A--Limitation--Mixed question of fact and law--Petition apparently appearing to be within time--Objection at preliminary stage-­Labour Court, while disposing of preliminary objection recorded tentative observation regarding petition being within time and held that limitation issue was to be examined in both legal and factual perspective after factual niceties had come in evidence. P L D 1969 S C 167 and P L D 1973 Quetta 35 rel. S.M. Kohistani for Applicants. Mahboob Rizvi for Respondents. ORDER Mr. Mehboob Rizvi has raised the question of jurisdiction that claim of the wages and of the deduction as one of the relief's falls within the exclusive jurisdiction of the Authority under the Payment of Wages Act. He has gone even further to contend that limitation also be considered referring to the starting point of the notice of grievance dated 4-3-1987 in view of the applicant's admission. 2. These questions of law, were not raised in the Written Statement of the respondent but allegations of general nature of the non-­maintainability and of the non-compliance of the procedural provisions. 3. The relief asked for is of four kinds, the withholding of wages, issuing of appointment letters, paying double overtime, leave etc, based on the status of the permanent workmanship but subsequently his wages reduced from 1,000 to 800 and withheld. 4. In the first place the jurisdiction of the Labour Court under section 25-A IRO appears to be wide enough…
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