Law:

Section:

Payment of Wages Act (IV of 1936)-------S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Employees seeking direction from Authority constituted under Payment of Wages Act, 1936, to employer for payment of their wages for specific period---Objection to jurisdiction raised by employer was overruled by Authority---Validity---Employment of workers was neither terminated nor was employer's factory itself closed with or without permission of Labour Court---Workers of employer's factory being continuous in employment, it could not be assumed that Authority had no jurisdiction to proceed with their claim---Appeal against order of Authority having been provided under Payment of Wages Act, 1936, petitioner could not be permitted to circumvent law by impugning- such decision by way of Constitutional petition---Even if decision of Authority was in excess of jurisdiction or without jurisdiction, such wrong could be remedied in appeal from final order---Spirit behind enactment of Labour laws and more particularly Payment of Wages Act being to regulate payment of wages of certain classes of persons employed in industry and to develop harmonious relationship between workers and management, resort to fragmentary decision would neither be expedient in interest of justice nor advance the object of law--­Extraordinary jurisdiction under Constitution being always discretionary in nature, no party would have right to invoke the same who was not evidently inclined to grant due rights to its own employees---In earlier round of litigation employer's attempt to invoke Constitutional jurisdiction against authority's scope of jurisdiction remained unsuccessful---Recourse to Constitutional jurisdiction by employer was, thus, not only ill-conceived and ill-advised but also founded on ulterior motives. Ibrahim v. Muhammad Hussain PLD 1975 SC 457; Nanehal v. Umrao Singh AIR 1931 PC 33; Abdul Rehman v. Mir Ahmed Khan PLD 1983 SC 21 and Muhammad Siddik v. Shahjehan Begum 1997 CLC 436 ref. Hafiz Muhammad Saeed for Petitioner, Nemo for Respondent No. 1 Nadir Hussain for Respondents Nos. 2 and 3 Date of hearing: 19th September, 1997. JUDGMENT By this Constitutional…

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