Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.50--Settlement between C.B.A. and Management--Interpretation--Absolute function of Appellate Tribunal. (b) Payment of Wages Act (IV of 1936)-- ---Ss. 15, 16 & 17--Employees' Cost of Living Relief Act, 1973 (I of 1974), S.6 (b)-­Cost of living allowance, claim for--Settlement between C.B.A. and management­-Employees had claimed payment of cost of living allowance--Trial Court to specifically come to conclusion that claim of employee was dependent on interpretation of settlement between C.B.A and management. ORDER Above appeal is directed against the order dated 15-3-1989 passed by the Authority Under Payment of Wages Act for Thatta and Dadu Districts at Hyderabad rejecting the application filed by the Appellants un sections 15 & 16 of Pant of Wages Act for want of jurisdiction 2. In their joint application u/ss 15 & 16 of the Payment of Wages Act the Appellants have prayed for recovery of Cost of Living Allowance from 1-7-1987 to 31-12-1987 at the rate of 13.5%n and from 1-7-1986 to 31-12-1987 at the rate, of 4.5%, alleged to have been withheld by the Respondent Establishment. 3. The claim of Appellants was resisted by t e Respondent on the ground that the application is not maintainable and no cause of action had accrued to the Appellants. It was however not specifically pleaded by the Respondent that the Authority had no jurisdiction to entertain the application of the Appellants. The Court framed the following issues:-- (1) Whether the application is not maintainable. . (2) Whether this Court has got jurisdiction to try the case. (3) Whether the applicants are not entitled to relief claimed due to terms of settlement. (4) What should the order be? 4. The parties led the evidence on all the issues but learned Authority decided only the issue No. 2 against the Appellants holding that it had no jurisdiction, which has given rise to the above appeal. 5. I have heard Mr. Bashir Awan for the Appellants and Mr. Wazarat Hussain for the Respondent and have gone through the relevant record including the impugned order. 6. It was contended by Mr. Bashir Awan that since the Authority had recorded…

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