| Case ID |
0a2c749e-b651-475e-b11c-3f81c4c1852c |
| Body |
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| Case Number |
Civil Appeals Nos. 790 to 794 of 1992 |
| Decision Date |
Mar 27, 1996 |
| Hearing Date |
Mar 26, 1996 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals, affirming the decisions made by lower courts regarding the misapplication of pay rules and the jurisdiction of the Authority under the Payment of Wages Act. The court held that the claims made by the petitioners were valid, and the Authority had the jurisdiction to determine the quantum of wages owed to employees. The court emphasized that the misapplication of pay rules and the refusal to grant due increments constituted violations of the employees' rights under the Payment of Wages Act. |
| Summary |
This case revolves around the interpretation and application of the Pay Rules, 1962, and the Payment of Wages Act, 1936, particularly focusing on the claims made by employees of Pakistan Railways regarding wage disputes. The Supreme Court of Pakistan addressed the misinterpretation of provisions related to the revision of pay scales and the authority's jurisdiction over wage disputes. The court reaffirmed that the Authority under the Payment of Wages Act has the power to adjudicate on claims for unpaid wages and that the misapplication of pay rules by lower courts was a significant issue. The court's ruling underscored the importance of ensuring that employees receive their rightful wages, highlighting the legal frameworks in place to protect workers' rights. Key legal principles reaffirmed in this case include the jurisdiction of the Authority, the definition of wages under the Payment of Wages Act, and the implications of the revised pay scales scheme. The decision emphasizes the need for compliance with established pay rules and the protection of employees against wrongful deductions and miscalculations of wages. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PAKISTAN RAILWAYS
|
| Judges |
AJMAL MIAN,
MUHAMMAD ILYAS
|
| Lawyers |
Ch. Fazal-e-Hussain, Advocate Supreme Court,
Khan Saeed-ud-Din Khan, Advocate Supreme Court,
Muhammad Munir Piracha, Advocate Supreme Court
|
| Petitioners |
SHAUKAT ALI HAMDANI and others
|
| Respondents |
PAKISTAN RAILWAYS
|
| Citations |
1996 SLD 602 = 1996 PLC 595
|
| Other Citations |
Akbar Ali and others v. Senior Administrative Officer, Pakistan Railways and others 1992 SCMR 1341,
Shaukat Ali and others v. Islamic Republic of Pakistan through the General Manager, North Western Railway, Lahore PLD 1960 (W.P.) Lah. 144,
Kishan Chand v. Divisional Superintendent, Lahore Division, North Western Railways AIR 1948 Lah. 202,
Nasiruddin Qureshi and others v. Sindh Labour Court, Karachi and others 1987 PLC 633,
Government of the Punjab through Secretary, Services, Punjab, Lahore and 4 others v. Muhammad Awais Shahid and 4 others 1991 SCMR 696,
General Manager, Pakistan Railways and another v. Anwar Ahmed Khan and others 1995 SCMR 810,
A.G. D' Costa, Divisional Engineer, G.I.P. Railways v. B.C. Patel and another AIR 1955 SC 412,
The Divisional Superintendent, Pakistan Railways, Multan v. Sardar Muhammad and others Civil Appeal No. 674, of 1988,
Pakistan Railways v. The Presiding Officer, Punjab Labour Court No. 9, Multan and others Civil Appeals Nos. 626 to 631 of 1989,
Pakistan Railways v. The Labour Appellate Tribunal and others Civil Appeal No. 849 of 1990,
Muhammad Aslam Chatha v. Pakistan Railways Writ Petition No. 4282 of 1982
|
| Laws Involved |
Pay Rules, 1962,
Payment of Wages Act (IV of 1936),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
H,
2(vi),
15(2),
25-A
|