Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Pakistan Railways Establishment Code, Vol. 1, R. 707(5)-­Pakistan Railways Gazette No. 12, dated 15-6-1987, Item No. 41--Leave preparatory to retirement (L.P.R.) benefits for running staff of Pakistan Railways--Entitlement to--Employee not availing of L.P.R.--Fifty-five per cent running allowance could be allowed to running staff for encashment of L.P.R, benefits--Such allowance would be in addition to ordinary emoluments of employee--Appeal against L.P.R. benefits allowed to employee held, had no merits. JUDGMENT This is an appeal directed against the decision dated 22-3-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad whereby the grievance petition of the respondent for claiming 55% running allowance for the period of 180 days of L.P.R. in addition to his ordinary emoluments was accepted. 2. The facts of the case are that on retirement the respondent did not avail of L.P.R. and elected to work for the period for claiming encashment of the L.P.R. according to the rules. The appellant allowed him usual pay for the said period but did not allow 55% running allowance. Learned counsel for the, appellants has argued that since the respondent remained on duty for the period of L.P.R. and received mileage allowance, he cannot claim double benefit by asking for the payment of 55% running allowance along with the encashment of his pay of 180 days. He relies upon notification Exh.R-1 in which the word `pay' and not wages is used. Exh.R-1 is only a letter issued by the Divisional Superintendent, who is the appellant, to Ch. Muhammad Sharif his counsel for getting the cases adjourned in which the question of payment of 55% running allowance is disputed. The reason given is that clarification has been sought from the Finance Advisor. In the letter, reference is made to paragraph 2003 (Fundamental Rule 9(21)(a)(iii) of Establishment Code Part-II. It is apparent that Exh.R-1 has no evidentiary value. However, the rule referred to above needs examination. Fundamental Rule 9 (paragraph 2003) referred to above is not relevant as it does not deal with the cases of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492