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Payment of Wages Act (IV of 1936)-- ---S. 2(7)--Road Transport Service--Word "vehicles" does not necessarily mean more than one--Plea that provisions of Act were not applicable to owner of only one Bus, repelled. Zafar Yasin for Petitioner. Faiz Muhammad Bhatti for Respondent. Date of hearing: 24th April, 1989. JUDGMENT This is a. revision reporting that the order dated 17-1-1989 recorded by the learned Presiing Officer, Punjab Labour Court No. 8, Bahawalpur camp at Rahim Yar Khan, whereby the appeal brought against the order of the Authority under the Payment of Wages Act dated 31-10-1987 was rejected, is without jurisdiction and of no legal effect. 2. The petitioner had applied for the recovery of a deducted wages amounting to Rs.5,760 for the period from September, 1982 to December, 1982 in respect of pay, allowances and over time. The learned Authority had found that since the respondent was owning only one bus, the Payment of Wages Act was not applicable. The learned lower appellate Court confirmed the order of the Authority in appeal. According to section l(4) of the Payment of Wages Act, the said Act applications to the persons employed in a factory or upon railways, but by means of a notification published in the Gazette of West Pakistan of 7-1-1906, the Payment of Wages Act was extended to persons employed in road transport service. Learned counsel for the respondent has argued that since according to section 2(7), the word `vehicles' is used whereas the respondent owns only one bus, the Payment of Wages Act is not applicable. The term `road transport service' is defined in subsection (7) of section 2 as under:-- "Road Transport Service means a service carrying passengers or goods or both by road in vehicles for hire or reward." According to this definition, the intention of the Legislature prima facie does not appear to be this that if a person plies only one vehicle, then his business does not come within the definition of road transport service. Where the intention of the Legislature is that necessarily things should be more than one, then provision is made in the words "two or more". So if the intention of the Legislature had been this, then the…

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