| Citation(s) |
|---|
| 1996 SLG 432 1996 SLD 432 1996 PLC 291 |
Labour Appellate Tribunal, Punjab
Appeal No. JM-461 of 1995/Pb., decision dated: 31st January, 1996
LABOUR APPELLATE TRIBUNAL
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Appeal No. JM-461 of 1995/Pb., decision dated: 31st January, 1996
LABOUR APPELLATE TRIBUNAL
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KHADIM HUSSAIN
VS
RANI GHEE MILLS LIMITED, JHELUM through Manager KHADIM HUSSAIN Vs RANI GHEE MILLS LIMITED, JHELUM through Manager
Law:
Section:
(a) Payment of Wages Act (IV of 1936)--- ----S. 15---Claim to arrears of wages---Limitation---Claim of arrears of wages was placed before Authority under Payment of Wages Act, 1936 after more than seven years from date on which payment of such arrears became due whereas limitation period for such claim was three years---Matter of limitation was not to be left to the pleading of the parties, but duty was cast upon Court itself in that behalf---Limitation being a matter of statute, same could not be waived and even waiver by parties would not relieve the Court of its obligation in the matter. Hakim Muhammad Buta and another v. Habib Ahmad and others PLD 1985 SC 153 ref. (b) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Appeal against order of Authority---Authority found employee entitled to receive claim of arrears of wages, but on filing appeal by employer against decision of Authority, Labour Court remanded case to Authority for its decision afresh in accordance with law---Labour Court observed that Authority had hastened to pass an order in perfunctory manner by disposing of all material issues together without undertaking any meaningful discussion, by taking into account evidence on record relevant to issues involved in the matter---Labour Court also observed that Authority had not provided an adequate opportunity to the parties to adduce their entire evidence---Labour Court to remanding case in circumstances had not erred on factual as also on legal plane and no prejudice had been caused to employee by remand of case which was aimed at elucidating evidentiary material in entirety and its appreciation in true perspective. Aziz Khan v. Haider Khan 1978 S C M R 168; Siraj Din and others v. Amanullah Qureshi and another PLD 1980 SC 1 and Kohinoor Textile Mills Ltd. v. Mazhar Hussain 1994 PLC 364 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38(3-A)---Revisional jurisdiction, exercise of---Appellate Court had taken note of errors apparent on face of record of Authority and accepting appeal against decision of lower Authority remanded case to decide afresh in accordance with law---Appellate Court below had neither exceeded its…
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