Law:

Section:

(a) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Claim of gratuity by employee---Resignation plea of employee denied and plea of dismissal stressed in defence---Photostat copy of acceptance of resignation produced by employee denied by employer---Authority purported to have signed acceptance of resignation was not examined to disown his signatures---Even comparison was not made of disputed signatures with admitted or specimen signatures---Authority having not adverted to point whether resignation was given and whether same was accepted or not, case was remanded to Authority for redecision after allowing parties to produce relevant evidence on point of resignation and acceptance thereof. (b) Payment of Wages Act (IV of 1936)--- ----S.15---Dismissal order of employee---Legality/illegality of dismissal order--­Competency of Authority---Ordinarily Authority under Payment of Wages Act would have no jurisdiction to go behind order of dismissal---However, where plea of plaintiff was that he had resigned and his resignation had been accepted, Authority, held, would be competent to decide whether employee had in reality resigned---If such Authority came to conclusion that employee had in fact resigned, dismissal order of employee could be ignored by Authority. Rana A. Hamid Talib for Petitioner. Ch. Anwar Ali for Respondent. Date of hearing: 2nd August, 1986, JUDGMENT The decision dated 20-3-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore is reported to be wrong and of no legal effect. 2. The petitioner claims gratuity, five per cent share in profit for the years 1978 to 1980, bonus for the said years and encashment of unavailed leave. The petition was allowed by the learned Authority under the Payment of Wages Act vide its order dated 4-1-1982. The respondent brought a civil suit, which was dismissed within a week's time and an appeal; was preferred before the learned lower Court, which was accepted on 21-1-1982 and the case was remanded. On 2-7-1985 the petition was dismissed by the Authority and the appeal filed, and hence this revision. The learned Authority disallowed the claim of the petitioner with regard to five…

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