Case Details

Citation(s)
1994 SLG 925 1994 SLD 925 1994 SCMR 1799
Supreme Court of Pakistan
Civil Petitions for Leave to Appeals Nos. 355/L, 363/L, 377/L, 393/L, and 394/L, of 1992, decision dated: 14-11-1992
NASIM HASAN SHAH AND AJMAL MIAN, JJ

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PAKISTAN RAILWAYS

SHAUKAT ALI HAMDANI and others

Law:

Section:

Payment of Wages Act (IV of 1936)--S. 15(2)---Pay Rules, 1962, para. (11)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether para. (II), Pay Rules 1962, had been misapplied by the Courts below as the same related to promotion and not to the revision of pay scales; whether the orders/ s in question; were contrary to the law enunciated by Supreme Court in Akbar Ali's case 1992 SCMR 1341; and whether the Labour Court had relied upon the of a Single Judge of High Court passed in a Constitutional petition, though in subsequent Constitutional petitions, other Judges had taken a contrary view. Akbar Ali and others v. Senior Administrative Officer, Pakistan Railways and another 1992 SCMR 1341; The Divisional Superintendent, Pakistan Railways, Multan v. Sardar Muhammad and others Civil Appeal No. 674 of 1988 rel. ORDER AJMAL MIAN, J.---By this common order, we intend to dispose of the above petitions for leave to appeal as they involve common question of facts and law and they are directed against the judgments dated 15-2-1992 and 14-3-1992 passed by a learned Single Judge of the Lahore High Court in writ petition filed by the petitioner against the order/judgments passed by the Authority under the Payment of Wages Act, 1936, hereinafter referred to as the Act, and by the Presiding Officer, Punjab Labour Court No. 9, Multan upon the private respondent's application under section 15(2) of the Act and the petitioner's appeals, respectively, dismissing the same and maintaining the above orders and judgments of the Authority and the Labour Court. 2. The brief facts are that the private respondents filed above applications for the recovery of the various amounts mentioned therein on the basis of averment that the same were illegally deducted from their wages, though previously the same were paid to them pursuant to the order of the Authority and the Labour Court. The above applications were resisted by the petitioner inasmuch as written statements were filed, in which inter alia it was pleaded that the applications were not maintainable, the cases did not relate to increments but promotion, which were not within the jurisdiction…
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