| Citation(s) |
|---|
| 1989 SLG 1538 1989 SLD 1538 1989 PLC 747 |
Labour Appellate Tribunal, Punjab
Appeals Nos. MN-393 and 396 of 1988, decided on 21st August, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Ch. Fazal-i-Hussain and Ch. M. Shafiq for Appellant. Syed IbrarHussain Shah for
Respondents.
Appeals Nos. MN-393 and 396 of 1988, decided on 21st August, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Ch. Fazal-i-Hussain and Ch. M. Shafiq for Appellant. Syed IbrarHussain Shah for
Respondents.
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN
VS
SHAMSUR RAHIM and others
Law:
Section:
Pakistan Railways Personnel Manual-- --- Vol. I, Section III, Para.5(K)--Terms "Basic pay" and "Pad'--Different--Basic pay may not include allowances specified--Running allowance --Admissibility for workers working on festival holidays. JUDGMENT The two appeals captioned above emerge from the decisions dated 5-6-1988 and 23-4-1988 respectively recorded by the learned Presiding Officer. Punjab Labour Court No. 9, Multan, whereby 55% running allowance was also allowed while calculating wages for working on festival holidays. As common questions of fact and law are involved in both the appeals, they are being disposed of together through this single judgment. 2. Learned counsel for the appellant have argued that the respondents were entitled to 50% of the pay only for working on festival holidays according to the rules, therefore, the learned lower Court wrongly allowed 55% running allowance. They have made reference to clause (k) of para. 5 of section III, which deals with `running allowance' and has argued that since the word `pay' is given and not `wages' for working on gazetted holidays enumerated in the clause, the respondents were rightly allowed 50% of the pay and the learned lower Court wrongly accepted their grievance petition. It has been further argued by the learned counsel that no doubt the word `wages' is used in para. 15 of section II, but since the said section deals with the cases of commercial transport staff and not running staff, the same is not applicable and since section III deals with running allowance, it only is relevant and applicable to the present case. The argument has no force. In the Personnel Manual Volume I the words `basic pay' are used where the intention is that allowances would not be included, therefore, where the word `pay' is used, it does not necessarily mean basic pay and can include allowances also. In para.15 of section 11 it is also mentioned that the running staff who are already allowed to draw double wages for working on holidays indicated in para.1(e) and 5(K) of section III will continue to draw that privilege. The word `wages' is used in the said para. First sub-para of para.15 no doubt deals with line staff of…
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