Law:

Section:

Payment of Wages Act (IV of 1936)-------S. 2(j)---Factories Act (XXV of 1934), S.2(g)---Overtime, payment of---Employees of Tehsil Municipal Administration---Entitlement--Condonation of delay---Principle of consistency---Applicability---Judgment in rem---Effect---Authorities were aggrieved of the passed by High Court, whereby its employees were found entitled to overtime---Contention of respondents was that appeal filed by Authorities was barred by time---Validity---If definitions of `factory' and `manufacturing process' were kept in view , it would indicate that Municipal Committee or Municipal Administration did not at all fall within the definition of a `factory' and no `manufacturing process' was undertaken therein or thereby---Once it was determined that Municipal Committee/Administration was not a `factory' within the meanings of Factories Act, 1934, the employees thereof could not be held as workers specifically entitled to overtime payment---Though some extra payment made to employees at one time or the other was taken benefit of and was alleged as estoppel against the Committee but it carried no weight because such payment was made as bonus in order only to compensate the employees---Committee might on its own accord, pay as much bonus as it liked to the employees for any extra work but the same could not be claimed as of right by the employees as was done by workers working in a `factory' defined by Factories Act, 1934---Once the Court had found that employees of committee were not the workers in a `factory' it could not be visualized that some of them would be disentitled and the others would become entitled merely because appeal of Committee against them was time-barred---Verdict of the Court already given and endorsed with regard to law point involved was a in rem, and not in personam---Benefit of limitation could not be derived and it was condoned though it otherwise would have made the least difference--Judgment passed by High Court was set aside---Appeal was allowed. Town Committee Gakhar Mandi v. Authority under Payment of Wages Act, Gujranwala PLD 2002 SC 452 and 1987 SCMR 753 fol. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Tehsil Municipal…

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