Law:

Section:

(a) Industrial dispute---- --- Allowance--Railway employee--Mileage allowance admissible to Trouble Shooters at the rate of 55% of basic pay--Employee working as Trouble Shooter and getting such allowance--Calculation of allowance refused towards gratuity on retirement--Held: (1) mere fact that authorities did not issue order would not entitle them to take advantage of such technical lapse on their pert and (ii) requirement of training introduced after retirement of such employee was not applicable to him. (b) Payment of Wages Act (IV of 1936)------ ---S. 15--Industrial Relations Ordinance (XXIII of 1969), S. 38(3-a)--Unpaid gratuity--Railway employee while serving, getting mileage allowance but same refused to be calculated towards gratuity on retirement--Authority allowing claim of unpaid difference of gratuity--Order of Authority upheld in revision by Labour Appellate Tribunal and plea that same amounted to fixation of wages repelled. (c) Payment of Wages Act (IV of 1936)----- ---S. 15(3)--Compensation not to be allowed in case where wages were delayed due to bona fide dispute--Railway employee claiming gratuity by including mileage allowance at 55% of basic pay also--Matter unsettled and not clear due to different letters on subject--Order of Authority awarding ten times compensation, in circumstances, held, was not justifiable. DECISION This is a Revision Application filed under section 38(3-a) of the Industrial Relations Ordinance, 1969, against the order of learned Presiding Officer, Sind Labour Court No. 1 at Karachi passed on 15-3-1987 whereby the learned Presiding Officer allowed the appeal of the respondent filed against the order dated 1-10-1983, passed by the Authority under the Payment of Wages Act. 2. The facts of the case, briefly stated, are that the applicant was a workman working with the respondent and retired on 3-11-1979. At the time of his retirement he was admittedly drawing a salary of Rs.446 per month and also getting 55% of salary as allowance which according to the respondents it was Stationary Allowance while according to the respondents it was Stationary Allowance. Admittedly this allowance of 55% was not included in the salary of…

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