Law: Payment of Wages Act, 1936

Section: 17(a),17(a)(1)

(a) Payment of Wages Act (IV of 1936)--­----S. 17(a)---Provision of S. 17(a)(1), Payment of Wages Act, 1936 is mandatory---If the decretal amount, was deposited by cheque, it was not deposited as per requirement of law. 1987 PLC 454 quoted. (b) Maxim--- ----Where a thing was to be done in a particular manner as required by statute, same must be done in that way or not at all. JUDGMENT Constitutional jurisdiction of this Court has been invoked by the petitioner to get the impugned orders dated 18-4-1992 passed by the trial Court i.e. the Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, Sukkur and the impugned order dated 22-12-1992 passed by the Sindh Labour Court No. VII, Sukkur. Briefly stated the back ground of the present litigation is that respondent No. 1 Mazhar Hussain was employee of Mechanical Division (G.B.) under Executive Engineer, Government of Sindh. On retirement some dispute arose as to the payment of retirement benefits of the respondent. The respondent approached the Court of Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, who passed a decree for Rs.16,928 in favour of the respondent. Petitioner preferred appeal before the Sindh Labour Court No. VII who by the impugned order dated 22-12-1992 dismissed the appeal on the ground that the petitioner had failed to deposit the decretal amount as required under provision to sub-clause (a) (1) of section 17 of Payment of Wages Act. Consequently the present Constitutional petition was filed, Proviso to sub-clause (a) (1) of section 17 of Payment of Wages Act reads as under: " 17. Appeal.--(1) An appeal against a direction made under sub-clause (3) or subsection (4) of section 15 may be preferred within thirty days of the date on which the direction was made before the Labour Court constituted under the Industrial Relations Ordinance, 1969 (XXIII) of 1969) within whose jurisdiction the cause of action to which the appeal relates arose. (a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees: Provided that no…

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