Law:

Section:

(a) Payment of Wages Act (IV of 1936)--- ----S.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Availability of adequate alternate remedy---Non-availing of such remedy--­Competency of Constitutional petition---Remedy of appeal though available to petitioner yet not availed by him---Effect---Constitutional jurisdiction is to be exercised where no other adequate remedy is available---Petitioner before seeking remedy in Constitutional jurisdiction had to show that he had on other adequate efficacious remedy available to him---Appeal having been provided under S.17, Payment of Wages Act! 1936, impugned order could be challenged by petitioner in appeal under said provision---Court while exercising jurisdiction under Art. 199 of the Constitution should not embark upon enquiry of facts---Question as to whether order in question passed by Authority under Payment of Wages Act, was legal and proper would entail enquiry of fact--­Authority under Payment of Wages Act having exercised jurisdiction vested in it while making order in question, appeal against such order, would have been appropriate remedy---Constitutional petition against order in question, was thus, not competent in circumstances. Moulvi Nooruzzaman Choudhary v. The Secretary, Education Department, East Pakistan PLD 1966 Dacca 187; Town Committee, Ghakkar, Gujranwala v. Salamat Bhatti 1993 PLC 156; M/s. Hafiz Textile Mills Ltd. v. Commissioner for Workmen's Compensation PLD 1993 Kar. 709; Pakistan Metal Industries v. Assistant Collector, Central Excise and Land Customs 1990 CLC 1022; Abdul Razzak v. Ahsan Sons Ltd. 1992 SCMR 505; Mazhar Hussain v. IIIrd Sindh Labour Court 1993 PLC 239 and M/s. Karachi Rolling Mills v. Authority Under Payment of Wages Act 1980 PLC 467 ref. (b) Payment of Wages Act (IV of 1936)-- ----S. 15---Jurisdiction---Non-official respondents were employed in the factory which was situated within jurisdiction of Authority under Payment of Wages Act, 1936---Authority thus, had jurisdiction to decide matter in question and to pass order---Such order could not be assailed on ground of lack of territorial jurisdiction. Raja Shamsuz Zaman for Petitioner. SA. Channa for…

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