Law:

Section:

Payment of Wages Act (IV of 1936)--Ss. 15 & 16---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Demand of wages by sweepers for working on festivals and other holidays from Town Committee---Leave to appeal was granted to consider question as to whether in facts and circumstances, remedy of filing appeal against order of Authority under the Payment of Wages Act was adequate as contemplated by Art. 199 of the Constitution and the exercise of jurisdiction in the Constitutional petition was rightly declined; whether the application filed by the employees for recovery of disputed amount as wages was within limitation qua the wages for a period beyond three years 'from the date of filing the said application and whether discretion by Authority under the Payment of Wages Act for declining to allow amendment in the written statement was exercised properly based on relevant consideration and did not suffer from arbitrariness. Farooq Zamah Qureshi, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 12th February, 1998 ORDER MUNIR A. SHEIKH J.---Leave to appeal is sought against the judgment dated 12-8-1996 of the Lahore High Court by which Writ Petition No. 13342 of 1994 filed by the petitioner against the orders dated 24-8-1994 and 25-9-1994 passed by the Authority under the Payment of Wages Act through which the application filed by the respondents was accepted, has been dismissed. 2. The facts in brief are that respondents Nos. 2 to 58 who were employed as sweepers by the petitioner filed a joint application under sections 15 and 16 of the Payment of Wages Act, 1936 before respondent No.l raising demand for wages, for the period starting from 1-1-1980 to 30-11-1989 as over-time for working on festivals and other holidays. The amount claimed in respect of each, thus, was to the tune of Rs.19,595.02. 3. This application was contested by the petitioner on a number of grounds including ground of limitation. During the pendency of the said application, the petitioner moved an application on 6-8-1990 for permission to amend the written statement in order to incorporate an objection…

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