| Citation(s) |
|---|
| 1995 SLG 702 1995 SLD 702 1995 SCMR 810 |
Supreme Court of Pakistan
Civil Appeal No. 42 Q of 1993, decision dated: 27-06-1994.
ABDUL QADEER CHAUDHRY, AJMAL MIAN AND SALEEM AKHTAR, JJ
Tariq Mehmood, Advocate on-Record for Appellants. M. K. N. Kohli, Advocate on-Record Nos. 1 to 7.
Respondents Nos. 8 and 9. Ex parte
Civil Appeal No. 42 Q of 1993, decision dated: 27-06-1994.
ABDUL QADEER CHAUDHRY, AJMAL MIAN AND SALEEM AKHTAR, JJ
Tariq Mehmood, Advocate on-Record for Appellants. M. K. N. Kohli, Advocate on-Record Nos. 1 to 7.
Respondents Nos. 8 and 9. Ex parte
GENERAL MANAGER, PAKISTAN RAILWAYS and another
VS
ANWAR AHMED KHAN and others ...
Law:
Section:
(a) Payment of Wages Act (IV of 1936). S. 15 Constitution of Pakistan (1973), Art. 185(3) ..Leave to appeal was granted to consider whether Authority under Payment of Wages Act, 1936 had jurisdiction to allow any claim where disputed portion of wages itself required determination alongwith the entitlement; whether allowance in dispute was granted prospectively alone and not retrospectively; and whether Appellate Authority could enhance provisional amount on appeal by appellant without notice to it in the matter. (b) Payment of Wages Act (IV of 1936)--- S. 2(vi) Wages Definition Definition of term "wages" is very wide in its scope inasmuch as it includes all remunerations capable of being expressed in terms of money if the terms of contract of employment, express or implied were fulfilled "Foreign Allowance" having not been excluded in any of the sub clauses of S. 2 of the Act which excludes the items mentioned therein was thus, covered by definition of the term `wages' for it was capable of being expressed in terms of money. [Words and phrases]. (c) Payment of Wages Act (IV of 1936) S. 15 Entitlement of a person to claim wages Jurisdiction Authority under S. 15, Payment of Wages Act, 1936, is entitled to go into the question whether employee claiming any amount was entitled to claim the same. (d) Payment of Wages Act (IV of 1936) S.15 Foreign allowance claimed by employee of Pakistan Railways posted at Mirjawa Railway Station (Iran) Entitlement. Such employee was entitled to claim Foreign Allowance as he was serving in a Foreign country in the same situation in which staff of Pakistan Mission in Iran was performing their duties. (e) Payment of Wages Act (IV of 1936)... S. 15 Foreign allowance claimed by employee of Railways Quantum of allowance was worked out by Appellate Court. Appellants had not disputed quantum of the allowance calculated by deceased but contested his entitlement to claim the same In absence of any dispute about quantum of amount, Authority was bound to allow the amount claimed Authority having allowed lesser amount than claimed, Appellate Court having seized of the matter correctly rectified such mistake by allowing the claimed amount. (f)…
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