Law:

Section:

(a) Pakistan Railways Establishment Code, Vol. I----R.202---Entitlement to claim daily allowance by employees---Employees being members of running staff were already receiving running allowance--­Employees thus, could not claim daily allowance in addition to the running allowance. (b) Pakistan Railways Establishment Code, Vol. I--R.203---Constitution of Pakistan (1973), Art.185---Employees' claim to receive daily allowance while staying outstation at their own request, due to non-availability of accommodation at the place of their duty--Validity---Daily allowance could be drawn by a Railway employee who was not in receipt of a permanent travelling allowance, on any day on which he proceeds on tour beyond a radius of five miles from his headquarters or returns to his headquarters from a similar distance---Employees having been permitted to stay at.`M' at their own request as accommodation was not available at their stations of postings their headquarters stood temporarily shifted to `M'--- Employees were, thus, not entitled to any daily allowance while staying at `M'. JUDGMENT SAAD SAOOD JAN, J: --This is an appeal by special leave from the judgment dated 5-5-1987 of the Lahore High Court whereby the Constitutional petition of the appellant calling in question the legality of the order of the Punjab Labour Appellate Tribunal was dismissed. 2. Respondents Nos.3 and 4 were serving in the Pakistan Railways as Special Ticket Examiners. Respondent No3 was posted at Dera Ghazi Khan while respondent No.4 was posted at Leiah. However, on account of non­availability of accommodation at their respective stations, they were permitted to stay at Multan on their own request. They claimed daily allowance for the period of their stay at Multan. The appellant rejected their claim. They filed separate grievance petitions under section 25-A, Industrial Relations Ordinance, before the Labour Court at Multan. The Labour Court dismissed their petitions. They then preferred appeals before the Punjab Labour Appellate Tribunal. The learned Tribunal accepted their appeals and directed the appellant to pay the daily allowance to them for the period they had stayed at Multan. The…

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