| Case ID |
22a543b4-c279-46e3-a83b-ac195eca25ad |
| Body |
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| Case Number |
Writ Petition No.4713 of 2011 |
| Decision Date |
Jun 07, 2011 |
| Hearing Date |
Apr 26, 2011 |
| Decision |
The Lahore High Court allowed the writ petition filed by the petitioners, Zia Shahid and another, against the ex parte orders issued by the Authority under the Payment of Wages Act on the grounds that the petitioners were not given proper notice for the hearings. The court found that the orders had been passed without lawful authority and directed the Authority to reconsider the claim of the respondent on merits. The High Court emphasized the importance of providing notice and due process before proceeding ex parte. The decision mandated the Authority to adjudicate the claim within two months, ensuring the rights of the petitioners were upheld according to the law. |
| Summary |
The case revolves around the interpretation of the Payment of Wages Act, 1936, particularly the eligibility of claims by employees in various establishments, including newspapers. The Lahore High Court addressed the procedural lapses by the Authority under the Payment of Wages Act, emphasizing the necessity of due process in legal proceedings. The court's decision reiterates the principle that all parties must be given adequate notice before any ex parte proceedings can take place. This case is significant for its implications on workers' rights and employer obligations under labor laws, particularly in the context of wage claims in the media industry. The ruling sets a precedent for ensuring that employees, regardless of their designation, can seek redress under the Payment of Wages Act. This case highlights the judicial commitment to uphold the rule of law and protect the rights of workers in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Daily the Post
|
| Judges |
ASAD MUNIR, J
|
| Lawyers |
Aftab Ahmad Bajwa,
Azam Sultan Soharwardi
|
| Petitioners |
another,
ZIA SHAHID
|
| Respondents |
another,
AUTHORITY UNDER THE PAYMENT OF WAGES ACT, 1936
|
| Citations |
2011 SLD 1639,
2011 PLC 300
|
| Other Citations |
Syed Match Company Ltd. through Managing Director v. Authority under the Payment and Wages Act and others 2003 PLC 395,
Lawrancepur Textile Mills Ltd. v. Government of the Punjab and others PLD 2004 SC 416,
Nakhshbandi Industries Limited through Factory Manager v. Authority Under the Payment and Wages Act 2010 PLC 401,
Ali Akbar Imrani v. Essa Khan 2006 PLC 326,
Municipal Committee Kasur v. Compensation Commissioner 2000 PSC 1144,
Town Committee, Gakhar Mandi v. Authority Under the Payment of Wages Act PLD 2002 SC 452,
Messrs Hafiz Textile Mills Limited v. Commissioner for Workmen's Compensation and Authority Under the Payment of Wages Act PLD 1993 Kar. 709,
Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies Ltd. PLD 1964 SC 97,
University of Health Sciences and others v. Mumtaz Ahmad and others 2010 SCMR 767
|
| Laws Involved |
Payment of Wages Act, 1936,
Constitution of Pakistan
|
| Sections |
1(4),
2(ia),
Art. 199
|