Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---Preamble & S. 15--Object and scope of Payment of Wages Act--Commissioner Workmen's Compensation--Scope of his jurisdiction--Wages or non-payment of dues--Commissioner workmen's Compensation to decide all claims arising out of wages or non-payment of dues relating to provident fund or gratuity. Section 15 of Payment of Wages Act provides for appointment of Commissioner for Workmen's Compensation to decide all claims arising out of wages or non-payment of dues relating to provident fund or gratuity. Preamble of Payment of Wages Act is very clear and covers employees in industry and in factory. Section 2(n) of Workmen's Compensation Act, 1923 defines "workman" to mean any person (other than a person whose employment is of casual nature and who is employed otherwise than for the purpose of the employer's trade or business) who is (i) railway servant, not permanently employed in any administrative district or sub-divisional office (ii) employed on monthly wages not exceeding one thousand rupees, in any such capacity as is specified in second schedule. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---8. 17--Payment of Wages Act (IV of 1936), S. 15--Constitution of Pakistan (1973), Art. 199--Workers on work-charge basis--Status--Claim to be employees of WAPDA--Essentials--Persons employed by WAPDA on workcharge basis not deemed to be employees of WAPDA--Persons to be excluded from holding posts under WAPDA--Authority under Payment of Wages Act was thus competent to adjudicate upon employees' claims for payment of their outstanding dues-­Constitutional petition was thus not maintainable on jurisdictional defect. Firstly section 17(1)(1-B) excludes persons holding post under the Authority who are on deputation from any Province from being considered as civil servants. Secondly even previously they were workmen in Irrigation Department and were initially appointed in WAPDA on project of temporary nature and after execution they were sent back in Irrigation Department as workmen. Thirdly, failure to produce any documents in support of assertion that respondents were regular employees of WAPDA.…

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