Case Details

Citation(s)
1989 SLG 2279 1989 SLD 2279 1989 PLC 561
Labour Appellate Tribunal, Sindh
Applications No. 29 and 30 of 1984, heard on 8th February, 1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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AGRICULTURAL ENGINEER

VS

MUHAMMAD BUX and others

Law:

Section:

(a) Precedent-­ --- Decisions of superior Courts are binding on Labour Appellate Tribunal. (b) Payment of Wages Act (IV of 1936)- ---S.2(vi)--Industrial Relations Ordinance (XXIII of 1969), S.38(3-a)--Wages-­ House rent as well as conveyance allowance form part of wages. Zain Packaging Industries Ltd., Karachi v. Abdul Rashid and 2 others 1981 P L C 800 rel. (C) Payment of Wages Act (IV of 1936) -­---S.2(vi)--Industrial Relations Ordinance (XXIII of 1969), S.38(3-a)--Notification No.FD.ll(15)-Exp.V111/76, dated 21-2-1978 and Notification dated 8-8-1978-­Payment of wages--Plea that fringe benefits were allowed to workers of work charge establishment but same were never paid to workmen was not raised by petitioners before authority under Payment of Wages Act--Copy of Notification dated 8-8-1978 withdrawing notification dated 21-2-1978 sanctioning certain benefits was produced before Appellate Court--Question involved not a simple question of law but a mixed question of law and facts--No evidence was led by either party on that plea and no affidavit by way of further evidence had been filed before Appellate Court asserting same plea of facts--Held, since certified copies of documents or original Gazette notification thereof were not produced, mere simple copy could not be considered as official document of which judicial notice could be taken by a judicial authority--Only oral assertion having been made that no payment was made to workmen under notification concerned, interference declined by Appellate Tribunal in circumstances. (d) Qanun-e-Shahadat (10 of 1984)-- ---Art.72--Production of document--Only simple copy of document, held, could not be considered as official document of which judicial notice could be taken. S.Fasahat Hussain Rizvi for Applicant. Bashir Awan for Respondents. Date of hearing: 8th February, 1989. DECISION By this decision, I propose to dispose of both these Revision applications in which the question of Law is similar. 2. In Revision Petition No.29/1984, the respondents had moved the learned Authority under the Payment of Wages Act for the Payment of the house rent which was being withheld by the applicants. The learned authority under the…
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