Law:

Section:

(a) Constitution of Pakistan (1973) Art. 175 Courts Powers of Courts Scope Courts are creatures of Constitution and derive their powers and jurisdiction from the Constitution Courts have to exercise their powers within the limits laid down by the Constitution. (b) Constitution of Pakistan (1973) Art.175(2)(c)----Expression conferred on it by the Constitution or by or under any law' Connotation and scope Constitution has conferred powers on appropriate Legislature to create and establish Courts or Tribunals and can regulate their jurisdiction by the relevant law Words 'conferred on it by the Constitution or by or under any law signify that the Courts or Tribunals are to exercise their powers as provided by the Constitution or by or under any law and the expression shows that if law has been validly legislated the Courts and Tribunals would exercise their jurisdiction there-under. (c) Payment of Wages Act (IV of 1936) S.15 Jurisdiction of Authority established under S.15 of the Payment of Wages Act, 1936 Appointment of the Authority Such Authority has to decide the claims in respect of class of persons employed in the industry with regard to wages and the Authority is to be appointed by the Provincial Government. (d) Constitution of Pakistan (1973) Art. 268 Continuance and adaptation of laws Scope Where a law is saved by Art. 268 of the Constitution where- under all existing laws would have to remain in force with necessary adaptation until altered, repealed or amended by an act of appropriate Legislature, such law is a valid law. (e) Constitution of Pakistan (1973) Arts. 175 & 268 Payment of Wages Act (IV of 1936), S.15 Authority appointed to resolve dispute under provisions of S.15 of Payment of Wages Act, 1936 Independence Act judiciary: Principles High Court set aside the order passed by the Authority on the ground that the functions of the Authority were administrative in nature and the order was violative of principles of independence of judiciary Validity Supreme Court declined to take any exception to the establishment or jurisdiction of the Authority/Tribunal as the same had been established through a valid legislation Until and unless the provisions…

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