Law:

Section:

Payment of Wages Act (IV of 1936)-------Ss.15 & 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Application by employee under S.15 of Payment of Wages Act, 1936 for recovery of overtime dues having been accepted by Commissioner, employer filed appeal against order of Commissioner before Labour Court under S.17 of the said Act---Contention of employee was that employer in filing appeal had not complied with provisions under S.17(1)(a) of Payment of Wages Act, 1936,as employer, instead of depositing decretal amount in cash, had submitted cross-cheque for the said amount---Proviso to S.17(1)(a) of Payment of Wages Act, 1936 did not contemplate deposit of decretal amount in cash---Finding of Labour Appellate Tribunal that cheque was not an "amount" as mentioned in proviso to the said section was not correct interpretation of the provision of law nor it reflected correct factual situation---Right of appeal could not be taken away on far-fetched technicalities nor a party could be shut out on basis of conjectures and surmises---Deposit of decretal amount though was a condition precedent for filing of appeal, but a cross-cheque issued for that purpose could not be thrown away on taking the view that it could not be taken to be the "amount" payable under the direction appealed against--­Order of Labour Appellate Tribunal was set aside by High Court; in circumstances. Gulzar Ahmad Alvi for Petitioner. Nemo for Respondents. . Date of hearing: 21st March, 2000. JUDGMENT NASIM SIKANDAR, J.---Respondent No.4 an employee of the Pakistan Railways, Multan filed an application under section 15 of the Payment of Wages Act, 1936 for recovery of overtime dues. The authority under the said Act accepted the application on 19-3-1976 and allowed a sum of Rs.50,252.25 as overtime wages. The petitioner filed an appeal before the Punjab Labour Court No.4, Multan and in compliance of the requirements of section 17 of the said Act submitted a cross-cheque, dated 19-10-1976 for the decretal amount. Respondent No.4 objected to the maintainability of the appeal on the ground that proviso to section 17(1)(a) of the said Act having not been complied with the…

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