| Case ID |
214ad3c0-3634-4fca-8c70-60ad6eb763f8 |
| Body |
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| Case Number |
Writ Petitions Nos.5547 and 5548 of 1990 |
| Decision Date |
Jan 22, 1994 |
| Hearing Date |
Jan 22, 1994 |
| Decision |
The Lahore High Court dismissed the writ petitions as the petitioner failed to demonstrate that the orders passed by the Punjab Labour Appellate Tribunal and Labour Court were illegal. The court noted that the matter was mischaracterized as pertaining to wage deductions rather than refixation of pay, which is beyond the jurisdiction of the authorities under the Payment of Wages Act. The court emphasized the importance of adhering to the proper legal framework concerning wage deductions and the necessity of affording due process to employees before altering wage agreements. The court found no merit in the petitioner's claims and upheld the decisions of the lower courts. |
| Summary |
In the case of Writ Petitions Nos.5547 and 5548 of 1990, the Lahore High Court addressed critical issues related to the Payment of Wages Act, 1936, particularly concerning unauthorized deductions from employee wages. The petitioner, representing the Divisional Superintendent of Pakistan Railways, challenged decisions made by the Punjab Labour Appellate Tribunal and a Labour Court, asserting wrongful deductions from wages. The court examined the definitions and implications of wage deductions under sections 7 and 15 of the Payment of Wages Act, concluding that deductions must align with specified legal parameters. The court emphasized the need for clear jurisdictional boundaries regarding wage disputes and reinforced employee rights against arbitrary financial actions by employers. This case highlights the judiciary's role in safeguarding labor rights and ensuring compliance with established laws governing wage payments. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Labour Appellate Tribunal,
Pakistan Railways
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
Agha Taj Muhammad for Petitioner,
Nemo for Respondent No.1,
Ch. Ghulam Qadir for Respondent No.2
|
| Petitioners |
THE DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, RAWALPINDI
|
| Respondents |
,
THE PUNJAB LABOUR APPELLATE TRIBUNAL, GULSHAN RAVI, LAHORE
|
| Citations |
1994 SLD 647,
1994 PLC 321
|
| Other Citations |
Not available
|
| Laws Involved |
Payment of Wages Act, 1936
|
| Sections |
7,
15
|