Law:

Section:

Payment of Wages Act (IV of 1936)-------S. 15---West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A), (1-B) & (1-C)---Constitution of Pakistan (1973), Art. 199---Constitutional petition----Authority under Payment of Wages Act, 1936, granting traveling allowance and daily allowance to workers who were employees of WAPDA---Such allowances claimed by WAPDA employees related to their terms and conditions of service for which jurisdiction of Authority under Payment of Wages Act, 1936, was barred---Labour Court had granted stay order against disbursing of amount m question., which had been deposited by WAPDA in Office of Authority under Payment of Wages Act---Such amount having been paid to workers after issuance of stay order by Labour Court, same was illegally paid despite the fact that stay order was brought to notice of Authority through telegram---Authority was directed to get such payment retrieved from workers and pay back the same to WAPDA---In case of failure of Authority to retrieve the same, such amount was to be recovered from the salary of Authority under Payment of Wages Act, 1936---Authorities were directed to take departmental action against Authority under Payment of Wages Act, 1936, for wrongfully assuming jurisdiction and delivering the amount in question to workers without lawful authority and excuse with intimation to High Court within specified period. Waseem Ahmed Khan v. WAPDA and others 1997 SCMR 2000 and Syed Wajihul Hasan Zaidi v. Government of Punjab and others 1997 SCMR 1901 ref. Mahboob Malik for Petitioners. Respondents (absent). Date of hearing: 5th December, 1997. JUDGMENT Respondents 3 to 6 filed application before Authority under the Payment of Wages Act for recovery of dues arising out of travelling allowance and daily allowance i.e. terms and conditions of service, but no: falling within the definition of wages as given in the Payment of Wages Act, 1936. Authority under the Payment of Wages Act in spite of various objections raised in paragraphs 3 and 4 of the written statement, vide impugned order granted relief to respondents 3 to 6. The order was passed on 11-1-1989. The petitioners deposited…

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