| Case ID |
177c5cfc-6a11-4de3-ab01-06cf7b73f504 |
| Body |
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| Case Number |
S-302 of 1993 |
| Decision Date |
Feb 10, 1994 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Government of Sindh, upholding the impugned orders dated 18-04-1992 and 22-12-1992. The court reaffirmed the mandatory nature of section 17(a) of the Payment of Wages Act, 1936, emphasizing that procedural requirements must be strictly followed. Despite the petitioner’s argument regarding the oversight in depositing the decretal amount, the court held that compliance with statutory provisions is non-negotiable. Relying on the precedent set by 1987 PLC 454, the court concluded that any deviation from the prescribed legal procedures warrants dismissal of the appeal. Consequently, the constitutional petition was dismissed, reinforcing the importance of adherence to legal mandates in wage-related disputes. |
| Summary |
In the landmark decision of Constitutional Petition No. S-302 of 1993, the Sindh High Court addressed key issues related to the Payment of Wages Act, 1936. The petitioner, Government of Sindh, challenged the impugned orders issued by the Commissioner Workmen's Compensation and Authority and the Sindh Labour Court No. VII, Sukkur, concerning the payment of retirement benefits to Mazhar Hussain. Central to the case was the adherence to section 17(a) of the Payment of Wages Act, which mandates the deposition of the decretal amount when appealing wage-related decisions. The petitioner argued that the failure to deposit the amount was an oversight and contended that the Labour Court should have provided an opportunity to rectify this before dismissing the appeal. However, the respondent emphasized the non-negotiable nature of statutory requirements, citing the precedent 1987 PLC 454 to support the necessity of strict compliance with legal procedures. The court, led by Judge Ahmed Yar Khan, upheld the lower courts' decisions, reinforcing the principle that legal mandates must be meticulously followed without exception. This verdict underscores the judiciary's commitment to upholding statutory provisions, ensuring that procedural compliance is paramount in adjudicating wage disputes. The case highlights the intricate balance between administrative oversight and legal rigidity, setting a precedent for future cases involving the Payment of Wages Act and similar legislation. Legal practitioners and entities involved in labor law can draw significant insights from this decision, particularly regarding the implications of procedural lapses and the judiciary's stance on enforcing statutory compliance. The dismissal of the constitutional petition serves as a critical reminder of the essential nature of adhering to established legal frameworks in the pursuit of justice and equitable resolution of labor-related grievances. |
| Court |
Sindh High Court
|
| Entities Involved |
GOVERNMENT OF SINDH,
MAZHAR HUSSAIN
|
| Judges |
AHMED YAR KHAN, J
|
| Lawyers |
Zawar Hussain Jaffri,
Shaikh Amanullah
|
| Petitioners |
GOVERNMENT OF SINDH
|
| Respondents |
MAZHAR HUSSAIN and others
|
| Citations |
1994 SLD 279,
1994 PLC 525
|
| Other Citations |
1987 PLC 454
|
| Laws Involved |
Payment of Wages Act, 1936
|
| Sections |
17(a),
17(a)(1)
|