Law:

Section:

(a) Payment of Wages Act (IV of 1936)-------S. 17(1)---Civil Servants Act (LXXI of 1973), S. 2---Constitution of Pakistan (1973), Art 199---Constitutional petition---Maintainability---"Civil servant"--- Definition--- Person was engaged on "work-charged basis" in the organisation attached with Provincial Government---Payment of house rent and other allowances---Entitlement---Employer claimed that such persons being "civil servants" were not entitled to house rent and other allowances--­Commissioner under Payment of Wages Act, 1936 passed award against the employer---Validity---Private person engaged by Government Organisation on "work-charged basis" were not civil servants---Fact that employer organisation was attached with Government had no effect---Commissioner under Payment of Wages Act, 1936, thus, had jurisdiction to decide the matter---Orders of payment of house rent and other allowances, therefore, were neither illegal nor unauthorised. Secretary, Irrigation Department, Sindh, Karachi v. Nasir Khan and others 1985 PLC 1060; Ahmed Spinning Mills Ltd. v. Authority under the Payment of Wages Act 1990 PLC 26; Executive Engineer, Central ~ Civil Division, Pak. P.W.D., Quetta v. Abdul Aziz and others 1996 PLC 385 and Mechanical Engineer, Sindh and others v. Rasool Bux and others 1986 PLC 958 ref. (b) Words and phrases--- ----"Civil servant"---Definition---Private persons engaged by Government Organisation on "work-charged basis" were not civil servants. (c) Payment of Wages Act (IV of 1936)--- ----S. 17(1)(a)---Appeal---Commissioner under Payment of Wages Act, 1936 decided the matter against petitioner---Copy of deposit certificate as provided under S. 7(1)(a) of Payment of Wages Act, 1936 was not filed in Labour Court---Appeal was rightly dismissed in circumstances. Ghulam Nabi Soomro, Addl. A.-G. for Petitioner. Salahuddin H. Ahmed for Respondents. Dates of hearing: 24th and 31st October, 1997. JUDGMENT Through this common order I intend to dispose of two Constitution petitions namely Constitutional Petitions Nos. S-102 of 1985 and S-103 of 1985 as the facts and law involved in both these petitions are common. 2. In C.P. No. S-102 of 1985 there are some 156…

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