1997 PLP 398 (PLC)
Messrs UNITED TANNING AND ALLIED INDUSTRIES PHULOLY WORKS, HYDERABAD Versus ABDUL HAQUE ABBASSY and 2 others
| Citation | 1997 PLP 398 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Kazi, Appellate Tribunal |
| Parties | Messrs UNITED TANNING AND ALLIED INDUSTRIES PHULOLY WORKS, HYDERABAD Versus ABDUL HAQUE ABBASSY and 2 others |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 398 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 398 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 398 (PLC) (Messrs UNITED TANNING AND ALLIED INDUSTRIES PHULOLY WORKS, HYDERABAD Versus ABDUL HAQUE ABBASSY and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ashraf Hussain Rizvi for Respondents
- Date of hearing: 5th September, 1996
Headnotes / Summary
‑‑‑‑S. 38(3‑a)‑‑‑Payment of Wages Act (IV of 1936), S. 17(a)‑‑‑Appeal‑‑ Maintainability‑‑‑Appeal filed by employer against order of Authority under Payment of Wages Act, 1936 according to which Authority had awarded amount as gratuity ‑to employee, was dismissed by Labour Court under impression that amount awarded to employee was not deposited in time according to provision to S. 17(a) of Payment of Wages Act, 1936, before filing appeal before Labour Court against judgment of Authority‑‑‑Certificate filed by employer alongwith appeal presented in Court had proved that amount awarded by Authority was deposited by employer in time‑‑‑Labour Court being Appellate Court in matter, thus, should have decided appeal filed by employer on merits‑‑‑Case was remanded to Labour Court for re hearing and to decide on merits. Muhammad Hanif for Applicant.
Judgment & Decree
Muhammad Hanif for Applicant. Ashraf Hussain Rizvi for Respondents Date of hearing: 5th September, 1996 This is a revision application by the United Tanning and Allied Industries against the order of Labour Court No. V, Hyderabad dismissing their appeal from the order of Authority for Payment of Wages Act, 1936 allowing an amount of Rs.49,500 as gratuity to respondent Abdul Haque Abbassy.
2. Respondent Abdul Haque Abbassy was a workman in the Tannery and he was working in the Chrome Section on a salary of Rs.2,750 per month. He was doing entire clerical work of that Section. According to the applicants the Chrome Section was leased out to the contractor who had to pay the dues and that the applicants had settled the dues of the respondent up to the time of transfer of the Section and he was not entitled to claim anything. The Authority for Payment of Wages Act awarded Rs.49,500 as gratuity to the respondent. The appeal before the Labour Court, Hyderabad was presented on 19‑1‑1995 alongwith the Certificate that the amount awarded had been deposited with the Authority on 19‑1‑1995. It appears from the judgment of the Labour Court that the learned Presiding Officer had the impression that this amount was not deposited in time. But under section 17(a) proviso of the Payment of Wages Act the appeal filed within A time has to be accompanied by a Certificate of the Authority to the effect that the appellant had deposited with the Authority the amount payable under the direction appealed against, and this appears to have been done. The learned Labour Court should, therefore, have decided the appeal on merits and not dismissed the same on the ground that the amount in question had not been deposited with the Authority in time.
3. The case is accordingly remanded to the Lower Court for rehearing the same and passing orders on merits. H.B.T./152/Lb.S Order accordingly.