1998 PLP 336 (PLC)

Rana Nasrullah Khan for Petitioner. Nemo for Respondents. Date of hearing: 19th November, 1996. This judgment shall dispose of Writ Petitions Nos.4375, 4376, 4377, 4378, 4379, 4380, 5394, 5395, 5396, 5397, 5398, 5399, 5400, 5401, 5402, 5403, 5404, 5405, 5406, 5394 and 5407 of 1995, as all of them involve same question of law and facts. Facts briefly are that the respondents in these cases moved applications individually, as well as in the representative capacity on different dates in the year 1988 under section 5(2) read with section 16 of the Payment of Wages Act, 1936 claiming/demanding payment of over-time for four hours daily on all Fridays from January, 1980 to 1987, over-time for gazetted holidays, group insurance etc. through Mr. M.N. Naz who is stated to be Senior Vice-President of Anjuman Masihee Mazdoor, Municipal Corporation, Sialkot (Regd.) as well as the President Public Service Employees Federation Punjab. Some applications were filed on behalf of the widows claiming that their husbands during the course of their service were not paid the amount of gratuity, group insurance and other benefits. These applications were earlier accepted through ex parte order dated 30-12-1990 directing the petitioner Municipal Corporation, Sialkot to deposit the amount claimed in the Court. However, this ex parte order was subsequently withdrawn on 13-1-1991 and the petitioner was allowed to produce evidence. The respondents in all these cases Moved the Appellate Authority against the order dated 13-1-1991 but remained unsuccessful. After the remand the judgments/decrees have been passed in all these cases on 28-2-1994 for different amounts total amounting to Rs.37,99,

988. Hence these Constitutional petitions. Learned counsel for the petitioner has challenged all these orders on the grounds that they have been passed in an arbitrary manner without providing any opportunity of hearing to the petitioner. It has further been argued that the claim was hopelessly time-barred but this aspect has not at all been considered by the Authority under the Payment of Wages Act. As far as the maintainability of the Constitutional petition is concerned learned counsel has stated that the appeals in all these cases would not be an adequate remedy as the petitioner cannot avail the same unless and until the whole amount which in this case is Rs.37,99,988 is deposited with the Court in accordance with the dictates of section 17 of the Payment of Wages Act, 1936. Reliance in this respect is placed upon Arag Industries Ltd. v. Payment of Wages, Authority etc. (1982 PLC 567) and Town Committee, Gakhar, Gujranwala v. Salamat Bhatti and 57 others (1993 PLC 156). Learned counsel Ch. Munawar Ahmad Javed who was appearing for certain respondents is not available in spite of notice, Similarly Mr. M.N. Naz the special attorney who represented all these respondents throughout before Authority as also before this Court is not available. I have considered the contentions and have gone through the impugned judgments. At the very outset it must be stated that the judgments/orders impugned in all these writ petitions are stereotyped. The evidence on the basis of which all the claims have been accepted was not properly appreciated. In one case I have noticed that simply on the oral statement of Veero Bibi a widow, the claims of other widows were accepted holding that their late husbands also worked with Municipal Corporation during their life time. No document whatsoever was placed on record to establish their employment with the Municipal Corporation. It is not reflected from any document when and how the claimants /respondents joined the service. The judgments to all these cases have been passed in a slipshod manner and no reason whatsoever has been advanced for accepting the claims. As far as the maintainability of these writ petitions are concerned it is reflected that through the impugned orders the Municipal Corporation, Sialkot has been asked to deposit an amount of Rs.37,99,

988. It has been held in 1993 PLC 156 which is as under: "However, in this case I do not find the appeal to be an adequate remedy. After looking at provisions of section 17 of the Payment of Wages Act, I find that proviso to clause (a) of subsection (1) of section 17 provides that no appeal under clause (a) was competent unless the memorandum of appeal is accompanied by a certificate of the Authority to the effect that the appellant has deposited with the Authority the amount payable under the directions appealed against. It would, therefore, be apparent that an appeal could be filed only after the deposit of the money ordered to be paid to the workers by the Payment of Wages Authority whereas a petition in the High Court could be filed by the petitioner and has actually been filed by the petitioner without any deposit and it is, therefore. obvious that the appeal under section 17 of the Act is not an efficacious or alternate remedy as it involves the payment of the amount ordered to be paid. I, therefore, hold that section 17 of the Payment of Wages Act does not provide an alternate remedy to the petitioner which could deprive them from filing a Constitutional petition in the High Court. " Resultantly, keeping in view the amount involved and the financial implication thereof upon the Municipal Corporation, Sialkot I hold that writ petition would be maintainable. I am not dilating upon the issue of limitation as well as other points argued by the learned counsel for the petitioner on merits in view of the nature of order which I am going to pass. Since the impugned orders as already stated have been passed in a slipshod manner by the Authority without providing any opportunity of hearing and without determining the question of limitation as such I accept these writ petitions. The applications of the respondents would be deemed pending and I remit these cases to the Authority for their decision afresh in accordance with law by providing full opportunity of hearing to all the parties concerned. There shall be no order as to costs. H.B.T./M-628/L ???????????????????????????????????????????????????????????????????????????????? Order accordingly.