Law:

Section:

Payment of Wages Act (IV of 1936)-- ----S.15(2)---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3-a)---Withheld wages---Workman dismissed for misconduct but awarded reinstatement by Labour Court allowing back benefits subject to result of fresh enquiry by employer---Back benefits refused on plea that workman failed to participate in fresh enquiry hence enquiry could not be completed---Plea was repelled as it was duty of employer to complete enquiry even ex parte on basis of material brought on record---Order of Authority and Labour Court under Payment of Wages Act, 1936 allowing wages representing back benefits, was upheld in revision by Labour Appellate Tribunal. JUDGMENT This is a revision reporting that the order dated 10-4-1988 recorded by the learned Authority under the Payment of Wages Act and one dated 12-9-1988 recorded by the learned Punjab Labour Court No. 7, Gujranwala, are without jurisdiction and of no legal effect. The respondent has not appeared in spite of the fact that a notice was sent to him by registered post. Since the notice sent to the respondent by registered post, has not been received back unserved, the presumption therefore is that it has been received by him. The respondent, therefore, has been proceeded against ex parte. 2. The respondent brought an application under section 15(2) of the Payment of Wages Act in the Court of learned Authority under the said Act for recovery of Rs.25,400. The learned Courts below have allowed wages for the period from 10-4-1980 to 16-6-1982 and have disallowed the claim for the period prior to…

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