Law:

Section:

Payment of Wages Act (IV of 1936)-------Ss.15 & 17---Industrial Relations Ordinance (XXIII of 1969), S.38(3-a)--­Payment of wages---Appeal against order of the Authority---Appeal against order passed by the Authority was dismissed by Labour Court only on the technical ground that appeal under S.17 of Payment of Wages Act, 1936 was not filed by employer/appellant in person---Validity---Provisions of S.17 of Payment of Wages Act, 1936, had not indicated that appeal had to be filed by the employer himself, and by none else but had simply stated that it would be filed by the employer---Language of S. 17 was not couched in specific negative words that it could not be filed either by an attorney or by a counsel or any one specific Authority in that behalf---Failure to do so was also not provided with any punitive consequence---Order passed by Labour Court was set aside and case was remanded to be decided on merits. 1989 PLC 176 ref. Barrister Jehanzaib Rahim for Petitioners. Zain Khan son/attorney of Respondent No-I. (in person). JUDGMENT This is a petition under section 38(3)(a) of the Industrial Relations Ordinance against the judgment dated 28-9-2000 whereby the Labour Court at Mardan while exercising appellate jurisdiction had maintained the order dated 31-5-2000 of the authority under Payment of Wages Act, granting a decree of Rs.20,605 in favour of the legal heirs of Yousaf Khan employee against Pakistan Tobacco Company. 2. Yousaf Khan was a seasonal worker with Pakistan Tobacco Company (PTC) with effect front 15-6-1986 to 8-12-1986. After his discharge from service on 8-12-1986 he died on 28-4-1987. Having failed to lay down his claim during his lifetime, his legal representative brought the present claim as late as on 15-7-1999 under section 15 of the Payment of Wages Act. 3. The original claim was of Rs.80,000 out of which the authority on 31-5-2000 decreed a sum of Rs.20,605 against which the appeal was dismissed by the learned Labour Court…

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