Law:

Section:

Payment of Wages Act (IV of 1936)---S.15(2)--Constitution of Pakistan (1973), Art.185(3)--Respondent's claim. of wages along with three times penalty was granted by Authority--Petitioner assailed said order in Constitutional jurisdiction before High Court on ground that Authority had no jurisdiction to deal with respondent's case--High Court dismissed Constitutional petition on ground that petitioner having not taken such objection before Authority itself, whose order it was challenging, High Court could not go into that question--Leave to appeal--Order of Authority under Payment of Wages Act 1936 showed that petitioner took up the objection as regards the competency of Authority to deal with the case of respondent-­Contention raised by petitioner thus required examination--Leave to appeal was granted. ORDER RUSTAM S.SIDHWA J.---Utility Stores Corporation of Pakistan (Pvt.) Ltd., petitioner, seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 19-11-1989, dismissing its Constitutional Petition. 2. Subedar Major (Retired) Ghulam Sarwar, respondent, filed a claim under section 15(2) of the Payment of Wages Act 1936 before the Authority appointed under the said Act for a sum of Rs.17,584 as wages due and payable by the petitioner-company. The Authority by order dated 23-5-1989 ordered the petitioner-company to pay Rs.70,336 (Rs.17,584 as the wages due, along with Rs.52,752 being three times penalty). The petitioner-company assailed the said order in Constitutional jurisdiction before the Lahore High Court, Rawalpindi Bench, on the ground that the Authority had no jurisdiction to deal with the respondent's case. The High Court, however, dismissed the petition on the ground that as the petitioner-company had not taken the said objection before the Authority itself, whose order it was challenging, it could not go into that question. The High Court also held that as the petitioner-company had not preferred an appeal against the impugned order, before the forum provided by the Payment of Wages Act, 1936, the petition was not maintainable. The petitioner-company now seeks leave to appeal against the said judgment. 3. On behalf of…

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