| Case ID |
00d87f80-5a7b-461f-9d2a-b356d65ee317 |
| Body |
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| Case Number |
W.P.No.1156/2017, W.P.No.1157/2017, W.P.No.1158/20 |
| Decision Date |
Jan 27, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided by Justice Muzamil Akhtar Shabir, dismissed the constitutional petitions bearing numbers W.P.No.1156/2017, W.P.No.1157/2017 and W.P.No.1158/2017 for being devoid of merits. The petitions challenged the orders passed by the Punjab Labour Court No.IX, Multan and the Punjab Labour Appellate Tribunal No.2, Multan, regarding the payment of wages and salaries as per the Payment of Wages Act, 1936. The court found no illegality or perversion in the decisions of the lower courts and affirmed the dismissal of the appeals due to the non-compliance with the mandatory condition of obtaining the certificate of deposit of payable amount. The arguments presented by the petitioners regarding the applicability of the Payment of Wages Act post the Eighteenth Amendment were rejected, with the court upholding the provisions of Article 270-AA of the Constitution of Pakistan, which preserves the existing labour laws under the Concurrent Legislative List. Consequently, the High Court concluded that the Labour Court and Labour Appellate Tribunal acted within their legal authority, and the dismissal of the appeals was justified based on procedural non-compliance, thereby safeguarding the rights of the workmen as intended by the legislature. |
| Summary |
In the landmark case of Lahore High Court W.Ps. Nos. 1156, 1157, and 1158 of 2017, decided on January 27, 2017, Justice Muzamil Akhtar Shabir presided over a pivotal decision concerning the Payment of Wages Act, 1936, and Punjab Industrial Relations Act, 2010. The petitioners, represented by esteemed lawyers Nadeem Parwaz Chaudhry and Irfan Haider Shamsi, challenged the orders issued by the Punjab Labour Court No.IX and the Punjab Labour Appellate Tribunal No.2 in Multan, which upheld the claims of the respondents under the Payment of Wages Act. The core of the dispute revolved around the procedural compliance required for the appeal, specifically the mandatory submission of a certificate showing the deposit of payable amounts. The Lahore High Court meticulously analyzed the legislative intent and the constitutional provisions, notably Article 270-AA of the Constitution of Pakistan, which safeguards existing labour laws under the Concurrent Legislative List post the Eighteenth Amendment. The court reinforced the necessity of adhering to statutory procedures, emphasizing that non-compliance with procedural prerequisites cannot be dismissed as mere technicalities but must be strictly enforced to maintain legal integrity. The decision underscores the judiciary's role in upholding legislative frameworks and ensuring that the rights of workmen are protected while emphasizing the importance of procedural compliance in labour law disputes. This case serves as a critical reference for future jurisprudence in labour law, highlighting the balance between statutory mandates and constitutional safeguards. Legal professionals and entities involved in labour disputes will find this judgment authoritative in understanding the procedural nuances and the unwavering stance of the courts on procedural adherence, thereby reinforcing the enforceability of labour rights and the sanctity of legal processes within the industrial relations landscape of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
IBRAHIM ABDULLAH/ABDULLAH & SONS,
ABDUL LATIF & 124 OTHERS,
Punjab Labour Court No.IX, Multan,
Punjab Labour Appellate Tribunal No.2, Multan,
Authority under Payment of Wages Act, Khanewal,
Additional District Collector, Khanewal
|
| Judges |
MUZAMIL AKHTAR SHABIR
|
| Lawyers |
Nadeem Parwaz Chaudhry,
Irfan Haider Shamsi,
Mohammad Aurangzeb Khan
|
| Petitioners |
IBRAHIM ABDULLAH/ABDULLAH & SONS THROUGH MANAGING DIRECTOR
|
| Respondents |
ABDUL LATIF & 124 OTHERS
|
| Citations |
2018 SLD 121,
2018 PLC 20
|
| Other Citations |
Arag Industries Ltd. v. Payment of Wages Act Authority and others 1982 PLC 567,
Tehsil Nazim TMA, Okara v. Abbas Ali and 2 others 2010 SCMR 1437,
Bank-Alfalah Limited v. Syed Zulfiqar Ali Rizvi and 3 others 2016 CLD 618,
Chaudhry Shujat Hussain v. The State 1995 SCMR 1249,
Allied Bank of Pakistan Ltd v. Khalid Farooq 1991 SCMR 599,
Shahida Bibi v. Habib Bank Limited PLD 2016 SC 995=2016 CLD 2025,
Zia ur Rehman v. Syed Ahmad Hussain 2014 SCMR 1015 rel.
|
| Laws Involved |
Payment of Wages Act, 1936,
Punjab Industrial Relations Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
15(2),
16,
17,
47(5),
199,
4,
270-AA
|