| Citation(s) |
|---|
| 1988 SLG 842 1988 SLD 842 1988 PLC 78 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-79 of 1986, decided on 25th March 1987
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. SUK-79 of 1986, decided on 25th March 1987
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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DATAR DINO and 6 others
VS
ASSISTANT MECHANICAL ENGINEER and 2 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Appeal--Memo of appeal signed by advocate for appellant workers instead of appellants themselves--Appeal, held, was not maintainable in eye of law. Manzar Alam for Appellant. Shabbir Ahmad Awan for Respondents. Date of hearing: 25th March, 1987. DECISION This is an appeal on behalf of 60 workmen of Locoshed of Pakistan Railways, Rohri, against a common order, dated 27-11-1984 passed by Sind Labour Court No. VII Sukkur, who had dismissed the grievance petition of the appellant workmen under section 25-A, I.R.O. 1969. 2. Briefly the facts are that the appellants were employees of Pakistan Railways and were at Loco Shed Rohri. In August, 1982 a deduction of the amount from the salaries from different categories at the rate of Rs.100 from each Driver and Rs.50 from each Shunter/ fireman was allegedly made without any notice, therefore, the appellants resisted this unilateral deductions. As the refund of this deducted amount and an enquiry against this deduction was ordered by Divisional Personnel Officer, Pakistan Railways but could not be done in this behalf, therefore, the appellants made applications under section 15 of the Payment of Wages Act before the Commissioner for workmen's compensation and Authority under the Payment of Wages Act Sukkur. Thereafter, respondent No.l. Assistant Mechanical Engineer-I started issuance of notices on certain charges alleged to have been committed during November, 1978 to November, 1979. As the grievance of the appellant was not redressed therefore they approached the Labour Court. 3. The respondent Railways resisted the petition on several grounds, firstly that if the appellant had already either died or retired from services; or not working in Loco Shed as Driver or Shunter/Fireman and that the recoveries of the amount had been affected on account of excess overtime drawn by the appellants, and that the petition under section 15 of the Payment of Wages Act filed by the appellants against the respondent Railways was still pending, therefore, the recovery was postponed. Further, the case of the respondent was that according to the provisions of Payment of…
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