Law:

Section:

(a) Payment of Wages Act (IV of 1936)----Ss. 1(4) (as amended by Labour Laws (Amendment) Ordinance (LIII of 2001) w.e.f. 1-7-2001) & 15(2)---Gratuity amount for year 1989 claimed in yeas 2002 by employee of Insurance Company (a commercial establishment)---Validity---Operation of Payment of Wages Act, 1936 initially applicable to employees of factory or railway administration had been extended by virtue of Labour Laws (Amendment) Ordinance, 2001 to employees of industrial or commercial establishment w.e.f. 1-7-2001---Payment of Wages Act, 1936 was a social, beneficial and remedial statute in nature, object of which was to regulate payment of wages to certain class of persons employed in factory, railways, industrial or commercial establishment---Purpose of such amendment was to provide remedy to persons employed in industrial or commercial establishment---Benefit of such amended provisions would not be restricted only to employees appointed or employed on or after 1-7-2001, but earlier employees would also be governed by Payment of Wages Act, 1936---Employer-company was, amenable to provisions of Payment of Wages Act, 1936, when employee had made application. Ex-Lt. Col. Anwar Aziz (PA-7122) v. Federation of Pakistan and 2 others PLD 2001 SC 549 ref. (b) Jurisdiction--- ----Determinate of---Jurisdiction of a Tribunal is determinable at the commencement of proceedings, unless contrary intention is expressed or implied in relevant statute. Settlement and Rehabilitation Commissioner, Hyderabad Division, Karachi and another v. Mannu Khan and 3 others 1973 SCMR 62 rel. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This petition for leave to appeal is directed against judgment dated 9-10-2003 passed by the Lahore High Court, Rawalpindi Bench, in Writ Petition No.1225 of 2003. 2. The respondent No.3 was employed as Office Assistant in the petitioner-Company on 1-1-1989. His services were terminated on 14-8-1998. He moved an application before the Commissioner, Workman's Compensation (the respondent No.2), under section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as the Act) for payment of Rs.40,500 as gratuity for the period from 1-1-1989 to 14-8-1998.…

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