2024 PLP 72 (PLC)

SHAHID MEHMOOD KHOKHAR, CHAIRMAN.

Pursuant to order dated 12/09/2023, petitioner has submitted his statement of account and during the course of arguments, reiterated the contents of application filed on 10/02/2023. Perusal of the order sheet reveals that despite issuance of repeated notices, none has entered appearance on behalf of respondent establishment on 09/03/2023, 03/05/2023, 14/06/2023 and 12/09/2023, therefore, on the last date of hearing i.e. 12/09/2023, respondent was proceeded ex-parte, even then nobody is in attendance for and on behalf of respondent establishment.

2. Arguments heard and record perused. The petitioner in his application dated/10/02/2023 has stated that he was working with the respondent management as Marketing Manager / Staff Reporter w.e.f. 20/03/2017 to 30/04/2022. Further submits that at the time of his appointment, he was not issued appointment letter by the respondent but was given office card, which was subsequently returned to management at the time of relinquishment on 30/04/2023. Further submits that initially he was appointed at a lump sum salary of Rs.25000/-, which was subsequently enhanced to Rs.35000/- Despite repeated requests, he was not given benefits of 7th and 8th Wage Board Award nor any salary and allowances was paid as per the above said Award, whereas, at the time of relinquishment of Job five salaries were outstanding for which he made a request again and again but was not paid a single penny by the respondent. Subsequently, he requested the management for payment and pursuant to that request, he was paid only Rs. 10,000/-, therefore, he has a claim against the respondent management for unpaid salaries at the rate of Rs.35,000/- per month w.e.f. 01/12/2021 till 30/04/2022, which comes to Rs.175,000/-. Further submits that he has also served the respondent for five years, therefore, he has a claim on account of gratuity for the said period of service. Since, his last salary was Rs.35,000/- per month, therefore, total amount on account of gratuity comes to Rs. 175,000/-. Thus, total claim alleged by the petitioner on account of outstanding salaries and gratuity for the period he served with the respondent management comes to Rs. 350,000/-.

3. Despite issuance of notice for the above said dates, respondent has not bothered either to represent or to submit its stance in rebuttal that is why respondent was proceeded ex-parte on 12/09/2023. Since, there is no rebuttal in any manner whatsoever, on behalf of respondent establishment, therefore, the application filed by the petitioner Mr. Muhammad Yasir Amin Janjua, duly supported with affidavit, signed and executed on 08/02/2023 is hereby accepted and he is held entitled for the amount of Rs.350,000/- to be recovered from the respondent establishment. Thus, petition is allowed as prayed for. Respondent is directed to pay Rs.350,000/- to the petitioner within thirty days from today and submit a copy of the compliance report with Registrar of this Tribunal. Office is also directed to send certified copy of this order to the parties concerned through UMS. Disposed of accordingly. MQ/5/ITNE Petition allowed.