Case Details

Citation(s)
1996 SLG 602 1996 SLD 602 1996 PLC 595
Supreme Court of Pakistan
Civil Appeals Nos. 790 to 794 of 1992, decision dated:27-03-1996. dates of hearing: 26th and 27-03-1996
AJMAL MIAN AND MUHAMMAD ILYAS, JJ
Ch. FazaleHussain, Advocate Supreme Court for Appellant. Khan Saeed-ud-Din Khan, Advocate Supreme Court. Muhammad Munir Piracha,. Advocate Supreme Court

PAKISTAN RAILWAYSVsSHAUKAT ALI HAMDANI and othersRemaining : Ex partePAKISTAN RAILWAYSVsSHAUKAT ALI HAMDANI and others

Law:

Section:

(a) Pay Rules, 1962--- ----Para. (H)---Constitution of Pakistan (1973), Art. 185(3)---Leave to Appeal was granted to consider contentions that para: (H) of Pay Rules, 1962, was misapplied by Courts below as same related to provision and not to the revision of Pay Scales, which was the case in hand; that the orders/ s in question, were contrary to the law enunciated by Supreme Court in 1992 SCMR 1341; and that Labour Court had relied upon the of a Single Judge of Lahore High Court passed in Constitutional petition, though in subsequent Constitutional petitions other Judges of the same Court had taken contrary view. Akbar Ali and others v. Senior Administrative Officer, Pakistan Railways and others 1992 SCMR 1341 (The Divisional Superintendent, Pakistan Railways, Multan v. Sardar Muhammad and others and Civil Appeal No. 674 of 1988 ref. (b) Payment of Wages Act (IV of 1936)--- ----S. 2(vi)---Quantum of wages---Authority's jurisdiction---Extent---Authority constituted under Payment of Wages Act, 1936, has jurisdiction to go into question of quantum of wages as defined by S. 2(vi), Payment of Wages Act, 1936---Authority, however, has no jurisdiction to decide disputed questions involving element of entitlement to promotion to a higher job or position or vice versa---Authority would have no jurisdiction to determine question of potential wages, which any worker might have earned had he been not reverted to lower job/post. Shaukat Ali and others v. Islamic Republic of Pakistan through the General Manager, North Western Railway, Lahore PLD 1960 (W.P.) Lah. 144; Kishan Chand v. Divisional Superintendent, Lahore Division, North Western Railways AIR 1948 Lah. 202; Nasiruddin Qureshi and others v. Sindh Labour Court, Karachi and others 1987 PLC 633; Government of the Punjab through Secretary, Services, Punjab, -Lahore and 4 others v. Muhammad Awais Shahid and .4 others 1991 SCMR 696; Akbar Ali and others v. Senior Administrative, Officer, Pakistan Railways and another 1992 SCMR 1341; General Manager, Pakistan Railways and another v. Anwar Ahmed Khan and others 1995 SCMR 810; A.G. D' Costa, Divisional Engineer, G.I.P. Railways v. B.C. Patel and another AIR 1955 SC 412; The…
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