Case Details

Citation(s)
1989 SLG 1422 1989 SLD 1422 1989 PLC 595
Labour Appellate Tribunal, Punjab
Revision Petition No. LHR-412 of 1983, decided on 23rd August, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Ch. Noor Hussain for Petitioner. Ch. Fazal Elahi for
Respondents.

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE

VS

MUHAMMAD SHAFI and 34 others

Law:

Section:

(a) Industrial dispute-- --- Allowance--Railway running staff allowed 55% running allowance--Running staff paid 50% wages on Fridays and rest days--Running allowance of 55%, held, was also admissible to the extent of same percentage as that of wages to such staff on Fridays and rest days. (b) Payment of Wages Act (IV of 1936)-- ---Ss. 2 & 15--Payment of Wages Act--Scope and application of--Petitioner failed to show that respondents were getting wages in excess of Rs.1,000--Petitioner's plea that the Act was not applicable to respondents, repelled. ORDER The above-titled revision gives information that the order dated 23-5-1983 passed by the Authority under the Payment of Wages Act and the order dated 18-8-1983 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala in its appellate jurisdiction under section 17 of the Payment of Wages Act are illegal and ultra vires. 2. The dispute is about 55%v running allowance for rest days and Fridays. This is a fixed allowance which is paid, irrespective of the fact if the members of the running staff go or do not go with any train. This is not disputed whether this allowance comes within the definition of wages. Since 50% wages are paid on Fridays and rest days, likewise upto the said percentage, 55% running allowance is too admissible and the orders of the Courts below on facts are…
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