Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---S. 15--Jurisdiction of Authority--Authority has jurisdiction only where there was a case of deduction or delayed wages, but could not decide question of entitlement of aggrieved person to a post or a scale in wages. (b) Payment of Wages Act (IV of 1936)-- ---S.15--Substantive post of petitioner though upgraded, but he was not regularly promoted to upgraded post as he was made to work on that post in officiating capacity--Petitioner having not been regularly promoted to post, non-payment of wages to petitioner in upgrade scale, would not amount to deduction of wages-­Petitioner was entitled only to officiating allowance since he was working in officiating capacity. H.R. Haider for Petitioner. Fakharuddin Chughtai for Respondent. Date of hearing: 7th March, 1989. JUDGMENT This is a revision reporting that the order dated 5-1-1989 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan is wrong and improper. 2. The facts giving rise to this revision are that the petitioner was promoted as commercial supervisor booking somewhere in 1977 but he refused on the plea that his children were getting education at Bahawalnagar. It was ordered that his name be placed at the bottom of the seniority list. Thereafter, the substantive post of the petitioner was upgraded to the lust of commercial supervisor booking in Scale No. 11. However, the petitioner was not regularly promoted to the said post. But, he was made to work as commercial supervisor booking in officiating capacity. He brought an application under section 15 ( 2) of the Payment of Wages Act claiming wages in Scale No. 11 against the post of Commercial Supervisor. The said petition failed and the appeal brought by the petitioner also met the same fate. The petitioner previously had come in revision and the case was remanded but his petition has again been dismissed. The question to be seen is whether the petitioner was regularly promoted as Commercial Supervisor in Scale No. 11 and the pay of that post was wrongly not paid to him. If it is proved so, then it would be a case of deduction. But there is no evidence on the record to show that the petitioner…

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