| Case ID |
0be5d83e-cde6-445e-bebe-c0384a37aa9e |
| Body |
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| Case Number |
Revision No.R.Y.Khan-454 of 1987 |
| Decision Date |
Nov 03, 1987 |
| Hearing Date |
|
| Decision |
The revision was accepted, overturning the decision of the lower appellate court which had dismissed the petitioner's claim for a bonus on the grounds of it being time-barred. The appellate court found that the lower court could not raise the issue of limitation as no cross-objections were filed by the respondent. Furthermore, the case was remanded for fresh consideration, particularly regarding the jurisdiction of the authority under the Payment of Wages Act and the inclusion of the Cost of Living Allowance in the wage calculations. |
| Summary |
This case revolves around the interpretation and application of the Payment of Wages Act and the Standing Orders Ordinance concerning the claim for a bonus by an employee. The primary legal issues included the question of whether the claim was time-barred and the jurisdiction of the authority to adjudicate on matters related to wages and bonuses. The court emphasized the necessity of adhering to procedural norms, particularly regarding the filing of cross-objections, and held that the issue of limitation could not be raised without them. The decision underscores the importance of clarity in statutory provisions and the rights of workers under labor laws. Key terms include 'Payment of Wages Act', 'industrial disputes', 'bonus payments', and 'jurisdiction'. These terms are essential for understanding labor rights and legal protections for employees. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Muhammad Suleman Malik
|
| Lawyers |
Naeem Bokhari
|
| Petitioners |
|
| Respondents |
Factory Manager, Lever Brothers (Pak) Ltd.
|
| Citations |
1989 SLD 1638,
1989 PLC 909
|
| Other Citations |
1984 S C M R 1311,
1980 SCMR 469,
42 C W N 560,
1978 P L C 497
|
| Laws Involved |
Payment of Wages Act (IV of 1936),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
15,
17,
10-C
|