2010 PLP 401 (PLC)

ABDUL HADI KHOSO, J.

This petition has been filed by Nakhshbandi Industries Limited H-23/4-A, Scheme No.3, Landhi Industrial Area, Karachi, against the Authority under the Payment of Wages Act and Commissioner for Workmen's Compensation, East Division, Karachi and respondent No.2 Muhammad Ayaz Khan son of Saulat Hussain Khan. The petitioner is aggrieved and dissatisfied with order dated 31-10-2009 passed by the Authority under Payment of Wages Act, 1936 East Division Karachi, on application bearing No.71 of 2008 under section 15 of the Payment of Wages Act, 1936 filed by the present respondent No.2. The prayer in the petition is for setting aside the order dated 31-10-2009 whereby the respondent No.1 has allowed the application of respondent No.2 in his favour. The learned Authority has found that the applicant/respondent No.2 is entitled for his claim and mentioned in the order that "After careful perusal of the available record Main Application, Written Statement, Issues, Affidavit-in-evidence, cross-examination of the applicant and arguments, I allow the application of the applicant in his favour after deducting the payment of the applicant in respect of bonus, leave encashment, Provident Fund with effect from 1-7-2006 to 20-7-2007 and allow him Rs.4,44,067 with one time penalty amounting to Rs.8,88,134 to be deposited to the Authority within 30 days for onward payment to the applicant."

2. I have heard the learned counsel for the parties. Learned counsel for petitioner submits that the petitioner has not been provided sufficient opportunity to defend the case and on 29-9-2009 the side of the present petitioner was closed which was without lawful authority and the order of the respondent No.1 dated 31-10-2009 whereby it allowed the application of the respondent No.2, be declared to be without lawful authority and the case be remanded.

3. Learned counsel for the respondent No.2 has submitted that the petitioner without exhausting the remedy available to him under section 17 of the Payment of Wages Act has directly filed this petition which is not maintainable and has deliberately omitted to avail the remedy available to him by way of appeal.

4. The respondent No.1 had served in the establishment of the petitioner from 18-9-1989 to 20-7-2007 in the capacity of Electrician in Electric Department and was terminated suddenly on 27-7-2007 from service without paying his legal dues, therefore, he had lodged the application before the Authority for the claim of his legal dues and it appears that before the Authority also the establishment Nakhshbandi Industries Limited were adopting delaying tactics as the respondent No.2 is poor retired man of labour class and he is suffering from the hardships due to non-payment of his claim of legal dues from Nakhshbandi Industries Limited and on their behalf the proceedings are being protracted, so such delay in payment of wages of a poor person cannot be allowed. The petitioner has not availed the opportunity of appeal and deliberately omitted the same, as such I hold that the present petition is not maintainable and is hereby dismissed, along with the pending application. H.B.T./N-26/K Petition dismissed.