Case Details

Citation(s)
1988 SLG 732 1988 SLD 732 1988 PLC 171
Service Tribunal, N.W.F.P.
Case No. P.W.A./9 of 1987, decided on 31st March, 1987.


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MUHAMMAD ILYAS ZAHID

VS

EHSANUL HAQ PARACHA and 3 others

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standin Orders) Ordinance (VI of 1968)-- ---S. 2(i)--West Pakistan Shops and Establishments Ordinance (VI of 1969), S. 5--"Workman"--Connotation--Claim of wages and bona by "traveling agent" whether maintainable--Employee performing duties as traveling agent of the establishment, held, was neither a skilled or unskilled worker nor were his duties manual and clerical--Such employee was, therefore, not covered by S. 2(i) of Ordinance VI c 1968--Travelling agents were also excluded from the application Ordinance VIII of 1969. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S. 2(t)--West Pakistan Shops and Establishments Ordinance (VIII of 1969), S. 5--Payment of Wages Act (VI of 1936), S. 15(2)--Claim of wages and bonus--Entitlement to--Where employee was not "workman" as per terms of S.2(i) of Ordinance VI of 1988 and he claim was also not covered by provisions of Ordinance VIII of 1969 Authority under Payment of Wages Act, held, could not entertain k claim for lack of jurisdiction. Firdous Khan Seemab for Petitioner. Date of institution: 8th February, 1987. ORDER This is an application by Muhammad Ilyas s/o Muhammad Afzal against the President Ferozsons Ltd. Rawalpindi and Manager Ferozsons Ltd. Laboratories Ltd, Awan Gharh, Nowshera and etc, brought under section 15(2) of the Payment of Wages Act, 1936 on 8-2-1987. It contains a claim of wages for 11 days and bonus under 10-c of Standing Orders Ordinance, 1968. Notice was issued to the Respondents who denied the claim both on factual as well as legal grounds. Subsequent to the written reply/statement of the Respondents, filed by Mr. Zawar Ahmad, Deputy General Manager (a duly authorised representative in this behalf) the petitioner submitted an application on 5-3-1987 for amendment in the original petition, praying that the petition be considered under West Pakistan Shops and Establishments Ordinance, 1969 than the Payment of Wages Act, 1936. This was done so because the original application under tt Payment of Wages Act, 1936 could be applied only to the factor whereas petitioner "was a commercial…
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