Law:

Section:

Payment of Wages Act (IV of 1936)-------Ss. 1(4), 2(i)(1-a), (ii) & 15---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.1(4)(a) & 2(b)(f)---Constitution of Pakistan (1973), Art.199-Constitutional petition---Termination of services---Claim for wages---Jurisdiction of Authority under Payment of Wages Act, 1936---Services of petitioners having been terminated, they filed application before Authority under Payment of Wages Act, 1936 in which they claimed payment of their salaries and other wages---Authority allowed claims of petitioners to the extent of payment of their salaries plus three times compensation, while their claims with regard to other wages, were refused---On filing appeal against of Authority before Labour Court, Presiding Officer of Labour Court found that Authority under Payment of Wages Act, 1936 had no jurisdiction to entertain application of petitioners with regard to their claims and dismissed appeal against which petitioners had filed constitutional petition---Validity---Employer, Government Employees Co-operative Housing Societies was not an industry or commercial establishment because twenty or more workmen were not employed therein---Society could not be considered as commercial establishment as its business was not of advertising, commission or forwarding or a commercial agency or including therein a clerical department of a factory or of any industrial or commercial undertaking---Work which the society performed, simply was to obtain a chunk of land from the Government and thereafter to allot same to its members---No job, in circumstances was being done by the Society of mature of factory, industrial or commercial nature---To invoke the provisions of the Payment of Wages Act, 1936, it was necessary according to S.1(4) of Payment of Wages Act, 1936 that employer must be a factory, industrial establishment or commercial establishment---If all said three essentials were not present, employer would not tall within the definition of `employer' and the employees would not be able to file grievance petition against employer---Society being not "factory", "commercial establishment" and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492