| Citation(s) |
|---|
| 1995 SLG 1124 1995 SLD 1124 1995 CLC 1281 |
Lahore High Court
Writ Petition No. 198 of 1995, decision dated: 27-02-1995
SHARIF HUSSAIN BOKHARI, J
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Writ Petition No. 198 of 1995, decision dated: 27-02-1995
SHARIF HUSSAIN BOKHARI, J
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Mst. ZAIBUN-NISA
VS
THE GOVERNMENT OF THE PUNJAB, DEPARTMENT OF EDUCATION through Secretary and 4 others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 11---Punjab Local Government Ordinance (VI of 1979), Ss. 43 & 46--Payment of wages---Entitlement---Non-payment of wages to Local Government employee---Effect---Where Local Council employee was made to work without payment .of salary for more than two years, such situation was against spirit of Islam as Islam envisages payment of wages before sweat of toil is dried up---Performance of duties under such situation would also amount to forced labour which was forbidden by Art. 11 of the Constitution. ---[Islamic Jurisprudence]. (b) Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 43 & 46---Constitution of Pakistan (1973), Arts. 29 & 3---Right to remuneration and Principles of Policy---Connotation---Non-payment of salary to Local Government employee---Effect---Principles of Policy enshrined in Constitution include equitable adjustment of rights between employers and employees---Employers by not paying salary to its employee for the past more than two years had acted contrary to Principles of Policy---Exploitation of employee and denial to her of valuable right to remuneration according to her grade was also in violation of Art.3 of the Constitutions which casts duty on State to eliminate all forms of exploitation and gradual fulfilment of the fundamental principle, from each according to his ability, to each according to his work---Employee was thus, entitled to her remuneration for the specified period and employers were directed to pay her remunerations according to her entitlement. M. Parvaiz Iqbal for Petitioner. Shabbar Raza Rizvi, Addl. A.-G. and Asif Majid Awan for Respondents. . Date of hearing: 19th February, 1995. JUDGMENT Through this writ petition the petitioner has made grievance against non-payment of salary by the respondents although she was appointed as C.T. Teacher in B.S. No. 9 in the year, 1992 vide office Order No. 1285/G, dated 10-12-1992 (annexure "A"). She further states that at present she is working as teacher at M.C. Girls High School, Fatehgarh, Lahore, where she was transferred on 18-9-1994 by the Director Education, Metropolitan Corporation, Lahore, as is evident from…
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