Law:

Section:

Payment of Wages Act (IV of 1936)--- ----S.1, cl. (4)---Wages---Claim of petitioner was dismissed by Authority under Payment of Wages Act and Labour Court on the ground that Payment of Wages Act was not applicable to respondent Organization---Question whether respondent was a factory or not, being a question of fact, could be decided after adducing evidence---Authority under Payment of Wages Act, however, did not decide said question after allowing evidence but proceeded to dismiss appeal on ground that same was not maintainable as respondent was not a factory--­Respondent had to perform certain functions like finishing or packing of goods procured by it under cl.(a) of S.12 of Factories Act and under said provision of law respondent Organization was not forbidden to carry on manufacturing process---Being a question of fact, respondent should have been given opportunity to lead evidence on this question---No such opportunity having been given by Authority, order of dismissal of claim of petitioner by Authority as well as Labour Court, therefore, was not lawful---Both orders were set aside and case was remanded to Authority for disposal in accordance with law and after affording opportunity to parties. Date of hearing: 14th January, 1990. DECISION This Revision Application is directed against the order of the learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad, dated 15-3-1988, whereby he dismissed the appeal filed by the applicant against the order dated 27-10-1987 passed by the learned Authority under the Payment of Wages Act dismissing the application of the applicant. 2. I have heard Mr. Ahsanul Haq, Advocate for the applicant and Mr. Naamatuallh J. Qureshi, Advocate for the respondents and have also gone through the record and proceedings of the case. 3. The claim of the applicant was dismissed by the learned Authority on the round that Payment of Wages Act was not applicable to the respondent Organisation. Under clause (4) of section 1 of the Payment of Wages Act, it would be applicable to a `Factory' as defined in the Factories Act. Question whether the respondent is factory or not is a question of fact, which could be decided after the…

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