Law:

Section:

Payment of Wages Act (IV of 1936)-- ---S. 15(2)--Industrial Relations Ordinance (XXIII of 1969), S. 38 (3-a)--Recovery of wages--Lower Appellate Court accepting appeal of respondent department and dismissing petition of petitioners/workers on ground that Authority under Payment of Wages Act had no jurisdiction in matter--Lower Appellate Court's view was that appeal must have been dismissed as being time-barred if order of Authority had not been found void ab initio due to lack of jurisdiction--Appeal brought by petitioners before lower Appellate Court was not time-barred and mistake was apparent on face of record--Held, question of jurisdiction having not been raised by respondent before Authority, lower Appellate Court should not have dismissed petition on that ground and should have instead remanded case to Authority--Tribunal remanding case to Authority with direction that same be decided after inviting evidence of parties on point of jurisdiction and after deciding said point. JUDGMENT This is a revision reporting that the order dated 26-7-1987 recorded the learned Presiding Officer, Punjab Labour Court No. 5, Sargodha is without jurisdiction and of no legal effect. 2. A petition for recovery of wages was brought by the petitioner union, which was accepted by the learned Authority under the Payment of Wages Act. No question of jurisdiction was raised therefore, no issue appears on the point. The learned lower Appellate Court holding that the learned Authority had no jurisdiction accepted the appeal and dismissed the petition brought under section 15(2) of the Payment of Wages Act. It has also been remarked by the learned lower Appellate Court that the appeal must have been dismissed as being time-­barred if the order of the Authority had not been found void ab initio due to lack of jurisdiction. The learned counsel for the petitioner has argued that the learned lower Appellate Court should have dismissed the appeal as time-barred even if it had wrongly found that the order of the Authority was void ab initio. Since no objection m the written statement was raised challenging the jurisdiction of the Court, the learned lower Appellate Court could not have…

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