Law:

Section:

(a) Payment of Wages Act (IV of 1936)-- ---S. 15--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (1-B)--Civil Servants Act (LXXI of 1973), S. 2(b)--Jurisdiction of Authority under Payment of Wages Act, 1936--WAPDA employee on deputation with a company not falling within definition of "civil servant" but a workman-­Claim for gratuity and unpaid portion of employees fund of such employee, held, was within jurisdiction of Authority. 1987 S C M R 298; 1986 S C M R21 and 1986 S C M R 676 distinguished. P L D 1979 Lah. 11.56;1986 P L C 737;1986 P L C 1025;1987 P L C 506 and 1978 P L C 506 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.O. 12(6)--Payment of Wages Act (IV of 1936), Ss. 15 & 17--Gratuity calculated on basis of total pay inclusive of allowances and not merely on basic pay--Order of Authority for such calculation upheld in appeal. 1981PLC800rel. (c) Payment of Wages Act (IV of 1936)----- ---S. 15--Practice and procedure--Evidence--Person filing affidavit-in-evidence alongwith some documents not tendered for cross-examination--Reliance cannot be placed on assertions of such person and such documents. 1984CLC3172and1972PLDSC25rel. Abdul Ghani Khan for Appellant. M. Bashir Awan for Respondent. ORDER Above appeal is directed against the order dated 15-8-1988 passed by the Commissioner Workmen's Compensation and Authority under the Payment of Wages Act for Thatta and Dadu Districts at Hyderabad, by which the respondent was awarded the total amount of Rs.14,776 being the gratuity, unpaid portion of Employees fund and cost. 2. The brief facts giving rise to above appeal are that the respondent, filed an application under section 15 of Payment of Wages Act before the learned Authority claiming therein the amount of Provident Fund, gratuity and 10 times Compensation thereon. The assertion of respondent is that he was employed in the Factory/Wrokshop of the Appellant on 1-6-1959 and resigned on 18-2-1981. The respondent has pleaded that the terms and conditions of his service are governed under the Provisions of Industrial and Commercial Employment (Standing Orders)…

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