Law:

Section:

Payment of Wages Act (IV of 1936)--- ----Ss. 1(6), 15 & 17---Sindh Employees Special Allowance (Payment) Ordinance (V of 1986), S. 7---Recovery of allowance---Applications of employees for recovery of special allowance were concurrently dismissed both by Authority under Payment of Wages Act and Labour Court on ground that wages of employees exceeded Rs.3,000 p.m. while Authority under Payment of Wages Act had jurisdiction only up to Rs.3,000 p.m.---Special allowance claimed by employees not forming part of wages under S. 7 of Sindh Employees Special Allowance (Payment) Ordinance, 1986 same could not be added to wages of employees for the purpose of determining the jurisdiction of Authority under Payment of Wages Act---Claim of employees being in respect of allowance and not wages, no question thus arose of non-maintainability of applications of employees before Authority under Payment of Wages Act--­Order passed by Labour Court was set aside and case remanded to be decided afresh on merits. DECISION These are two identical cases against Pakistan Machine Tool Factory in respect of wages of employees Abdul Aziz Butt and Abdur Rashid Khan and 1565 others. The learned Commissioner for Payment of Wages Act dismissed the applications of the employees on the ground that their wages exceeded Rs.3,000 per month while the Authority had jurisdiction only up to Rs.3,000 per month, therefore, the applications were not maintainable. The employees went in appeal before Fourth Sindh Labour Court, Karachi The learned Labour Court held that the Authority has rightly decided the point of jurisdiction. He, however, found that Rs. 89 per month originally paid to the workers should not have been deducted on the ground that Rs.200 were instead being paid to the workers while revising their wages. He also held that the arrears of Rs.89 could not be. recovered as such recovery was illegal but the appeals of the workers were dismissed on the question of jurisdiction. 2. Against this order the employees have preferred this Revision Application before this Tribunal. 3. Mr. Ali Amjad for the employees has referred on this point to Sindh Employees Special Allowance (Payment) Ordinance,…

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