Law:

Section:

Payment of Wages Act (IV of 1936)--- ----S.15---Constitution of Pakistan (1973), Art. 199---Payment of allowances--­Petitioner working as a Trouble Shooter, on meeting with an accident was posted as a Clerk in Time Office---Authority constituted under S.15 of Payment of Wages Act allowed him benefit of 55% allowances and Travelling Allowance, but Labour Court on appeal by respondent reversed order of Authority on finding that petitioner was working in office and was not performing field duty and further that Diesel Examiners had not been declared as members of running staff and as such petitioner was not entitled to any allowance---Labour Court while reaching said conclusion ignored letter of Railway Authority whereby Wiremen employed for Trouble Shooting on Diesel Locomotive were to be known as Diesel Examiners--- Held, there was as such no warrant for Labour Court to hold that the Diesel Examiners were not Trouble Shooters and were not members of running staff---Order of Labour Court was declared to be without lawful authority and of no legal effect and that of Authority constituted under Payment of Wages Act revived. Date of hearing: 6th June, 1990. JUDGMENT This writ petition was originally allowed ex parte by this Court vide judgment dated 7-2-1990. However, on an application filed by respondent No.l ex parte order has been set aside and the arguments of the learned counsel for the petitioner as also respondent No. 1 have been heard. 2. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application filed by the petitioner under the Payment of Wages Act, 1936 before the Authority constituted under section 15 of the said Act. The claim of the petitioner was that he had been denied the benefit of 55% allowance and Travelling Allowance payable to Trouble Shooter, by respondent No.1. This petition was allowed by the Authority under the Payment of Wages Act on 18th November, 1978. This order was reversed by the Punjab Labour Court No.2, on 16th April, 1980 on an appeal filed by respondent No.l. 3. According to the petitioner he was working as a Trouble Shooter when he met with an accident on 23-1-1970. When…

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