1992 PLP 892 (PLC(CS))
RAZA MUHAMMAD KORAI Versus SINDH AGRICULTURAL SUPPLIES ORGANISATION,
| Citation | 1992 PLP 892 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali U. Qureshi Appellate Tribunal |
| Parties | RAZA MUHAMMAD KORAI Versus SINDH AGRICULTURAL SUPPLIES ORGANISATION, |
| Primary Law | Payment of Wages Act-(IV of 1936) |
Q1: What are the key laws and sections cited in 1992 PLP 892 (PLC(CS))?
This judgment primarily cites: Payment of Wages Act-(IV of 1936) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 892 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali U. Qureshi Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 892 (PLC(CS)) (RAZA MUHAMMAD KORAI Versus SINDH AGRICULTURAL SUPPLIES ORGANISATION,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imam Bux, Deputy Director for Respondents.
- Date of hearing: 20th January, 1991.
Headnotes / Summary
Ss. 1(4) & 1(S)
Industrial Relations Ordinance (XXIII of 1969), S. 25-A-- Grievance petition
Jurisdiction--Grievance petition was dismissed by Labour Court in absence of applicant on ground that Labour Court had no jurisdiction as it was case of withholding of wages for which applicant should have moved. Authority under Payment of Wages Act
Respondent did not fall within class of establishments mentioned in subsection 1(4) of Payment of Wages Act
No evidence was available to show that Government had notified respondents under subsection 1(5) of said Act
Opinion of Labour Court that it had no jurisdiction in the matter and only the Authority under Payment of Wages Act had got jurisdiction was not substantiated from record
Order of Labour Court was set aside and case remanded to Labour Court for decision afresh. Appellant in person.
Judgment & Decree
Appellant in person. Imam Bux, Deputy Director for Respondents. Date of hearing: 20th January, 1991. This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No.VI at Hyderabad, dated 8-3-1990, whereby the grievance application of-the appellant was dismissed in absence of the appellant on the ground that the Labour Court had no jurisdiction as it was the case of withholding of the wages for which the appellant should move the Authority under the Payment of Wages Act.
2. I have heard the appellant in person and also Mr. Imam Bux, the Deputy Director, SASO, and have also gone through the record and proceedings of the case. The Payment of Wages Act is applicable only to the establishments, mentioned in section 1(4) of the Payment of Wages Act, which reads as under: "(4) It applies in the first instance to the payment of wages to persons employed in any factory and to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration."
3. However, under subsection (5) of section 1, the Provincial Government may after giving three months' notice of its intention of so doing by notification in the official Gazette, extend the provisions of the Act or any of them to the payment of wages to any class of persons employed in any industrial establishment or any class or group if industrial establishments.
4. Obviously the respondents are not factory or railway, therefore, they do not fall within the classes of the establishments mentioned in subsection (4). There is no evidence to show that the Government. had notified the respondents establishment under subsection (5). As such the opinion of the learned Labour Court that he has no jurisdiction, but only the Authority under the Payment of Wages Act had got jurisdiction does not appear to be substantiated from the evidence on record, therefore, it is set aside and the case is remanded to the learned Labour Court. The learned Labour Court is directed to dispose of the case within 4 months. The parties are directed to appear before the Labour Court on 14-2-1991. M.Y.H./1835/Lb.S Appeal dismissed.