Law:

Section:

(a) Payment of Wages Act (IV of 1936)-­- --Ss. 15 & 17--Limitation--Question of--Matter at appellate stage--No cross­-objections filed raising objection of limitation--Appellate Court, held, could not take up such issue in circumstances. 1984 S C M R 1311 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-­ ---S.O. 10-C--Payment of Wages Act (IV of )9.'36), S. 15(2)--Bonus--Claim for­ Application before Authority--Limitation--Bonus to be payable only if employer earns profit--Limitation starts from date on which employer declares that he has earned profit--View that limitation starts from close of year for which bonus is claimed, repelled. (c) Industrial dispute-­ ---Res judicata--Plea of--Court would be bound to record findings on issue of res judicata even if same was not pressed by party. 1980 SCMR 469 and 42 C W N 560 rel. (d) Payment of Wages Act (IV of 1936)-- ---Ss. 2(vi) & 15--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 10-C--Jurisdiction of Authority under Payment of Wages Act--Questions of inclusion of Cost of Living Allowance and non-inclusion of bonus in wages for determination of jurisdiction of Authority were left for decision by lower Court where case was being remanded for decision afresh. Petitioner in person. Naeem Bokhari for Respondent. Date of hearing: 31st October, 1987. JUDGMENT The revision captioned above reports that the decision dated 31-8-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur in its appellate jurisdiction under section 17 of the Payment of Wages Act is wrong and improper. 2. The petitioner claimed bonus for 1973 under Order 10(c) of the Standing Orders Ordinance, 1968 amounting to Rs.7,443. The application brought by the petitioner under section 15(2) of Payment of Wages Act was dismissed by the learned Authority on 14-7-1987 on the ground that wages of the petitioner were exceeding Rs.1,000 and that he belongs to the category of supervisor, therefore, was not covered by the definition of `Workman' given in section 2(i) of Standing Orders Ordinance, 1968. The learned lower…

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