| Case ID |
2307b5bf-f2b5-4a20-aece-c6471840d809 |
| Body |
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| Case Number |
Appeal No. 15 of 1985 |
| Decision Date |
May 20, 1986 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with modifications related to the amounts awarded. The Labour Court found that Wazir Khan, an employee of the Mechanised Construction of Pakistan, was entitled to claims under the Payment of Wages Act despite the appellant's argument that he was a civil servant due to his previous employment with WAPDA. The court determined that the applicant's claims for gratuity, provident fund, and encashment of leave were valid and that the learned Authority had inaccurately calculated the amounts owed. The court mandated that the total sum of Rs. 7,313.82 be paid to the respondent based on his claims. |
| Summary |
In the case of Wazir Khan vs Mechanised Construction of Pakistan, the Labour Appellate Tribunal of Sindh addressed a dispute regarding the payment of wages under the Payment of Wages Act, 1936. The case arose when Wazir Khan, a former employee, claimed illegal deductions from his gratuity and provident fund following his retirement. The appellant contended that the respondent was a civil servant and thus should seek remedy through the Service Tribunal. However, the Tribunal ruled that, as an employee of a registered factory, Khan was entitled to the protections of the Payment of Wages Act. The decision emphasized the importance of jurisdiction and the applicability of labour laws to employees of private organizations, even if they were previously associated with public sector employment. The final ruling ordered the payment of the claimed amounts, correcting earlier miscalculations made by the learned Authority. This case highlights key issues in labor law, including employee rights to claim unpaid wages and the definitions of employment status under various legal frameworks. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
WAPDA,
Mechanised Construction of Pakistan
|
| Judges |
S. Nasir Hussain, Jafri
|
| Lawyers |
M.M. Aqil,
M. Bashir Awan
|
| Petitioners |
Wazir Khan
|
| Respondents |
Mechanised Construction of Pakistan
|
| Citations |
1986 SLD 2269,
1986 PLC 737
|
| Other Citations |
Not available
|
| Laws Involved |
Payment of Wages Act, 1936,
West Pakistan Water and Power Development Authority Act, 1958,
Factories Act, 1934
|
| Sections |
15,
17(1-A)
|