Case Details

Citation(s)
1989 SLG 2470 1989 SLD 2470 1989 PLC 877
Labour Appellate Tribunal, Punjab
Revision No. .pA-110 of 1989, decided on 26th April, 1989.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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MUHAMMAD ASLAM

VS

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE

Law:

Section:

Payment of Wages Act (IV of 1936)---- ------ S. 15(1)--Territorial jurisdiction of Authority under the Act--Residence of applicant, not relevant--Area where deduction of wages was made or applicant claiming delayed wages was employed was to determine territorial jurisdiction-­Railway employee a Train Clerk worked as Guard at L--Claim relating to difference of pay of Train Clerk and Guard allegedly not paid--Claim brought before Authority at O on grounds that when application was made employee was serving at O--Claimed pay admittedly not paid at L--Authority at L and not at O, held, would have territorial jurisdiction. Saifur Rchman for Petitioner. Saifullah Khan for Respondent. Date of hearing: 24th April, 1989. JUDGMENT This is a revision reporting that the order dated 8-3-1989 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the order dated 12-9-1988 recorded by the Authority under the Payment of Wages Act was set aside, is without jurisdiction and of no legal effect. 2. The learned Authority had accepted the claim of the petitioner for the period from 4-6-1982 to 7-7-1987 with three times compensation. The facts are that the petitioner, who substantively is a train clerk was made to work as Guard and he worked as such from 9-6-7982 to 7-7-1987. The learned lower appellate Court has held that the Authority under the Payment of Wages Act, Okara had no territorial jurisdiction and that the Authority at Lahore only had the jurisdiction. Admittedly the respondent worked as Guard at Lahore during the disputed period. Learned counsel for the petitioner has argued that since at the time the petitioner brought the application under section 15(2) of the Payment of Wages Act he was serving at Okara, therefore the Authority of the said place had jurisdiction. Section 1.5(1) of the Payment of Wages Act is clear on the point. The relevant portion of subsection (1) reads as under:-- "Decide for any specific area all claims arising out of deductions from wages, or non-payment of dues relating to provident fund or gratuity payable under any law or delay in the payment of wages, of persons employed or paid in that area." As…
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