Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3-a)--Payment of Wages Act (IV of 1936) S. 15(2)--Payment of wages--Application of petitioner for payment of wages dismissed by Authority under Payment of Wages Act for lack of territorial jurisdiction--Petitioner went in appeal and Appellate Court upheld view of Authority under Payment of Wages Act, and sent back case directing that application be returned to petitioner-­ Petitioner was dismissed from service for remaining absent after Authority under Payment of Wages Act dismissed his application--Period of absence was same for which petitioner claimed wages under S. 15(2) of Payment of Wages Act-When petitioner was treated absent, Authority under Payment of Wages Act had ceased to have jurisdiction--Petitioner had challenged order of dismissal separately under S. 25-A of Industrial Relations Ordinance, 1969, which was proper remedy for him and in the event of his success in that, petitioner could go to Authority under Payment of Wages Act for claiming wages for period for which employer had treated petitioner as absent. (b) Jurisdiction----- ---Where a functionary had no jurisdiction, it could neither accept nor reject a case brought to it and in such circumstances proper order, that could be passed was to return petition for presentation to proper forum. JUDGMENT The revisions captioned above report that the order dated 17-4-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 2, Lahore is without jurisdiction and of no legal effect. Mr. Shakir Habib (hereinafter described as the petitioner) went to the Authority under the Payment of Wages Act for claiming wages for the period as per detailed in the schedule appended to the petition given under section 15(2). The case of the respondent was that after returning from leave he reported for duty at Lahore but was directed to submit duty report at Rawalpindi. He went there but they refused to take him on duty and directed him to report at Lahore. The Authority under the Payment of Wages Act dismissed the petition on the ground that the Payment of Wages Act was not applicable and that even if it be held that it was…

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