| Citation(s) |
|---|
| 1991 SLG 1229 1991 SLD 1229 1991 SCMR 1468 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.26-Q of 1986, decision dated: 23rd May, 1988.(From the judgment/order of High Court of Balochistan, Quetta, dated 17-03-1986 in Civil Petition No.99 of 1985)
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition for Leave to Appeal No.26-Q of 1986, decision dated: 23rd May, 1988.(From the judgment/order of High Court of Balochistan, Quetta, dated 17-03-1986 in Civil Petition No.99 of 1985)
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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ALI MUHAMMAD and others
CHIEF MINING ENGINEER and 5 others
Law:
Section:
Travelling Allowance Rules--Rr.30 & 40---Constitution of Pakistan (1973), Art.185(3)---High Court having adequately dealt with the case and correctly interpreted the Rules regarding travelling allowance, application for leave to appeal was dismissed as without merit. ORDER ABDUL KADIR SHAIKH, J.--Petitioners are employed as Drivers by P.M.D.C. Colleries, Degari, and their duty consists of driving school-vans for taking children of the employees from Degari to schools in Quetta and making the return journey. Petitioners gave a grievance notice, dated 16th July, 1983 to the respondents claiming that they should be given daily-allowances for three and half years and two years and seven months preceding the notice. On the refusal of the respondents 1 and 2 to concede to the demand, petitioners made a joint application on 21st August, 1983 before the Presiding Officer, Labour Court, Quetta for relief. It is throughout the case of the respondents that in view of the nature of duties of the petitioners as employees on school-vans, the Quetta City is supposed to fall within the jurisdiction of the headquarters in terms of clause 45(b) of P.M.D.C. Travelling Allowance, Rules, as such no daily-allowance was admissible to them. Moreover, the petitioners usually join duty at 6 a.m. and return at 3 p.m. and since the period covered more than usual six working hours, they were paid over time at the rate of 3 hours per day, and this position has been accepted by them without any protest. Further that by an agreement executed on 17th March, 1983 between the Collective Bargaining Agent (CBA) Union and the Management of P.M.D.C. Degari, the Daily Allowance was not payable to the drivers attached to the Bus and School-vans or ambulance. The Labour Court, however, allowed the petitioners' application by the order, dated 29th November, 1954, but on appeal, the Labour Appellate Tribunal set aside that order on the ground which may be reproduced here-under: "Thus daily allowance would come with the concept of travelling allowance and depends on performing touring duties. And Rule 9 classifies different classes of journey in respect of them the travelling allowance may be drawn…
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