Law:

Section:

(a) Payment of Wages Act (IV of 1936)-------Ss. 15 & 17---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Delay in payment of wages---Authority determined amount payable by petitioner (employer)---Petitioner filed Constitutional petition against such order instead of appeal---High Court dismissed Constitutional petition--­Validity----Such was not the case of complete lack of jurisdiction nor could be termed as mala fide---Lack of jurisdiction could not be attributed to Authority even after assuring claim of respondents (employees) to be on higher side---Party had no discretion to ignore provisions of appeal and file Constitutional petition instead---Nothing material was available on record for ignoring remedy provided under S.17 of the Payment of Wages Act, 1936--­Constitutional jurisdiction of High Court had been invoked in order to nullify effect of S.17(1)(a) of Payment of Wages Act, 1936, which was mala fide---Supreme Court dismissed petition and refused leave to appeal. (b) Appeal (civil)--- ---- First appeal is a continuation of suit---Factual controversy could only be resolved by sifting evidence on record. (c) Constitution of Pakistan (1973)--- ----Art. 199---Party had no discretion to ignore provisions of appeal and file Constitutional petition instead. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---By passing remedy provided under relevant statute arid press Constitutional petition--­Supreme Court disapproved such tendency with exception of certain cases. (e) Payment of Wages Act (IV of 1936)--- ----Preamble---Object of Payment of Wages of Act, 1936---Act primarily is a beneficial legislation enacted to provide relief to workers---Construction of the Act which may tend to nullify the object of its legislation cannot be placed upon its provisions. (f) Interpretation of statutes--- ---- Remedial statutes shall always be construed in a manner to advance the remedy as provided in the statute and not in a manner as to defeat legislative intendment. (g) Payment of Wages Act (IV of 1936)--- ----Ss. 15 & 17---Constitution of Pakistan (1973), Art. 199---Delay in payment of…

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