| Citation(s) |
|---|
| 1993 SLG 1290 1993 SLD 1290 1993 PLC 384 |
Labour Appellate Tribunal, Sindh
Revision Application No. KAIZ-569 of 1991, decided on 7th December, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Revision Application No. KAIZ-569 of 1991, decided on 7th December, 1992.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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SHAUKAT ALI
VS
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, KARACHI and 2 others
Law:
Section:
Industrial dispute--- ----Wages---Entitlement---Employee who remained absent from his duty for a period of five years, had ceased to be in service automatically and order to that effect, was duly communicated to employee by employer---Once employee was no more in employment of employer and order in respect thereof had duly been communicated to him, he had no claim left for his wages thereafter. Abdul Majeed, Representative for Informant. Akhlaq Ahmed Siddiqui for Respondent No. 1. DECISION The circumstances culminating in this appeal are as follows: 2. The applicant was a Fitter with the Railway Department. On 8-1-1977 while on duty at the Railway Workshop at Karachi, he met with an accident which had caused injuries to his left shoulder. Shorn of all details suffice it to say that he had filed a claim before the Payment of Wages Authority for his arrears c, f pay from 1-4-1977 to 31-7-1981. He was awarded a sum of Rs.25,473 and Rs.l0 further by way of compensation. As the appeal had also failed, a writ petition had been filed by the Department which came to be dismissed on 19-5-198'7. 3. The applicant had filed a second claim also in the sum of Rs.25,110 and a compensation of Rs.10 from 1-8-1981 upto 31-10-1983 which came to be allowed in full by the Payment of Wages Authority. 4. The matter was taken in appeal before Labour Court and the order was that he was entitled to the wages from 1-8-1981 to 25-4-1982 i.e. 9 months out of 27 months only, because an order had been communicated to the informant by the authorities under F.R. 18 on that date, that as he had remained absent from his duty for a period of five years, therefore he had ceased to be in…
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