| Citation(s) |
|---|
| 1989 SLG 1480 1989 SLD 1480 1989 PLC 659 |
Labour Appellate Tribunal, Punjab
Appeal decided on 31st October, 1988.
SARFRAZ ARSHAD KHAN, PRESIDING OFFICER
Abdul Oayyum for Appellant. Haji Naseer-ud-Din for
Respondent.
Appeal decided on 31st October, 1988.
SARFRAZ ARSHAD KHAN, PRESIDING OFFICER
Abdul Oayyum for Appellant. Haji Naseer-ud-Din for
Respondent.
EXECUTIVE ENGINEER, TUBEWELL OPERATION DIVISION, ILLAHABAD
VS
MUSHTAQ AHMAD
Law:
Section:
(a) Payment of Wages Act (IV of 1936)---- ---Ss.15 & 16--Consolidation and disposal of any number of separate pending applications belonging to same unpaid group of persons as a single application is permissible. (b) Payment of Wages Act (IV of 1936)---- ---S.15--Practice and procedure--All issues decided--Failure to record findings on each issue separately, held, being a mere irregularity was neither material nor prejudicial rendering decision liable to be struck down. (c) Payment of Wages Act (IV of 1936)----- ---Ss.2 & 15--Wages--House rent allowance--Part of wages--Non-payment of house rent allowance, amounted to deduction of wages and, claim thereof was within jurisdiction of Authority--Tubewell Operator provided with a room without a latrine and boundary wall at the site of Tubewell used as Duty Room for keeping tools and for performance of 24 hours duty, held, could not be treated to have been provided with a residential quarter and deprive him of house rent allowance. JUDGMENT This appeal under section 17 of the Payment of Wages Act, calls in question, the legality of the impugned direction dated 31-12-1987, issued by the learned Authority, Rahimyarkhan, allowing the respondent's claim of arrears of house rent for a period from 1-11-1983 to 30-9-1986 amounting to Rs.3,230. 2. The facts necessary for the disposal of this appeal in short are that the respondent had been employed as Tubewell Operator on monthly wages of Rs.460 with the appellant at Tubewell Operation Division, Illahabad, Tehsil Liaqatpur District Rahimyarkhan. It was prayed that the respondent had been entitled to house rent at 20% in view of the Government instructions, as he had not been provided with any quarter (Residence). The respondent therefore, claimed the past arrears of house rent in dispute. 3. The claim of the respondent was contested by the appellant. It was mainly urged that the respondent had been provided with a residential quarter near Tubewell, free of rent and, therefore, he was not entitled to any house rent at 20%. However, it was admitted that the respondent had been working as Tubewell Operator. The appellant, therefore, did not question and dispute theβ¦
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