Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S.38(3-a)---Payment of Wages Act (IV of 1936), S.17---Revision---Gratuity and Notice Pay---Claim of petitioner was allowed by Authority under Payment of Wages Act but on appeal by respondent Labour Court remanded case back for retrial by Authority--Main contention of petitioner was that certificate as required by proviso to S.17 of Payment of Wages Act had not been filed by respondent alongwith memo. of appeal, and as such appeal was not maintainable---Perusal of record of Labour Court showing that appeal was kept under objection and respondent was directed to produce certificate and appeal was admitted after respondent deposited amount in question and produced requisite certificate--­Held, in circumstances it could not be said that there had been any non­compliance or violation of proviso to S.17 of Payment of Wages Act and appeal could not be said to be not maintainable---Labour Court had given cogent reasons for remanding case for retrial---No interference was thus called for by Labour Appellate Tribunal in exercise of suo motu powers under S.38(3-a), Industrial Relations Ordinance, 1969. DECISION This is a Revision Application against the order of the learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad, dated 17-9-1989. The R & Ps of the case was called by this Tribunal in exercise of its suo motu revisional power under section 38(3-a) of the I.R.O., 1969, to consider the legality, propriety and correctness of the impugned order. 2. I have heard Mr. Wahid Bux, learned representative for the applicant and Mr. Muhammad Shafi, learned Advocate for the respondents. 3. The applicant, who is workman, had filed a claim with regard to the payment of gratuity and notice pay which was allowed to him by the learned Authority under the Payment of Wages Act. On appeal the learned Labour Court remanded the case back for retrial to the learned Authority on the ground that the respondent had not been given proper opportunity to defend the case. 4. The main contention of the learned representative for the applicant is that the certificate as required by the proviso to section 17 of the Payment of Wages…

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