| Case ID |
1a11b8ad-f8de-4f64-8f00-141f3ca9f613 |
| Body |
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| Case Number |
Revision Application No. KAR-270 of 1987 |
| Decision Date |
Dec 12, 1988 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled that the applicant, a retired railway employee, was entitled to unpaid gratuity which included a mileage allowance that was previously not calculated towards his gratuity upon retirement. The Tribunal found that the mere absence of a formal order appointing the applicant as a 'Trouble Shooter' did not negate his entitlement to the allowance. The Tribunal upheld the previous authority's decision to award the applicant Rs. 21,317 as unpaid gratuity, while also maintaining that the award of ten times compensation for delayed gratuity was not justified due to the bona fide dispute regarding the allowance's applicability towards gratuity. The Tribunal partially allowed the revision application, affirming the applicant's right to the unpaid gratuity amount. |
| Summary |
This case revolves around an industrial dispute involving a retired railway employee who claimed unpaid gratuity that included a mileage allowance. The Labour Appellate Tribunal in Sindh examined the case under the Payment of Wages Act and the Industrial Relations Ordinance, determining that the applicant was entitled to the allowance despite the lack of a formal appointment as a 'Trouble Shooter'. The case highlights the complexities of wage calculation and the importance of recognizing allowances in gratuity claims. Keywords such as 'unpaid gratuity', 'industrial dispute', 'railway employee rights', and 'wage compensation' are relevant for SEO optimization and can help rank this case effectively in legal search queries. The decision reinforces the notion that technical lapses by authorities should not disadvantage employees entitled to their rightful earnings. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
SA. Channa,
Ch. Rasheed Ahmed
|
| Petitioners |
KHAIR MUHAMMAD
|
| Respondents |
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, KARACHI
|
| Citations |
1989 SLD 1563,
1989 PLC 781
|
| Other Citations |
Not available
|
| Laws Involved |
Payment of Wages Act (IV of 1936),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
15,
15(3),
38(3-a)
|