Law:

Section:

Payment of Wages Act (IV of 1936)------Ss. 1(4) & 15---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(bb)---Punjab Employees' Special Allowance (Payment) Ordinance (I of 1988), Ss.2(e) & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Applicability of Payment of Wages Act, 1936---Contention of petitioner, a construction undertaking was that petitioner not being a factory, Payment of Wages Act, 1936 was not applicable to it---Petitioner though was not factory, but its liability under Payment of Wages Act, 1936 was established by Punjab Employees' Special Allowances (Payment) Ordinance, 1988, which extended provisions of Payment of Wages Act, 1936 to such undertakings which were involved in construction industry---Petitioner being a construction industry as defined in S.2(bb) of West Pakistan Industrial and Commercial Employment (Standing) Orders, Ordinance, 1968, it would come within the ambit of Punjab Employees' Special Allowance (Payment) Ordinance, 1980---Provisions of Payment of Wages Act, 1936 and Rules made thereunder would also be applicable by virtue of S.7(b) of Punjab Employees' Special Allowance (Payment) Ordinance, 1988. Mehmood Arshad Chaudhry for Petitioner. Ch. Sadiq Muhammad Warraich and Kh. Muhammad Arif for Respondent. Date of hearing: 26th October, 2005. JUDGMENT ALI NAWAZ CHOWHAN, J---Tehsil Municipal Administration, Unit Dina, District Jhelum is the petitioner in this case and the relevant law to be dealt with is the Punjab Employees Special Allowance (Payment) Ordinance, 1988. 2. The petitioner impugns the order dated 8-8-2002 given by the Authority under Payment of Wages Act and Commissioner Workmen's Compensation, Jhelum. The operative part of the order reads as follows:-- "I have given. my full consideration to the arguments of both A sides and I am therefore inclined to the arguments of the Rep. of petitioners accepting the binding of the section 15(3) and rule (2) of Payment of Wages Act 1936 and Payment of Wages (Procedure) Rules, 1937 respectively. On these grounds the application of the respondent dated 29-4-2002 is rejected accordingly and order…

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