| Case ID |
2e463258-1c7b-42be-9490-64aa928dd807 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 204 of 1958 |
| Decision Date |
Jun 26, 1959 |
| Hearing Date |
Jun 22, 1959 |
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioners, Abdur Rashid and others, against the decision of the Senior Civil Judge, Lahore. The court ruled that the authority appointed under section 15 of the Payment of Wages Act, 1936, is indeed a Court subordinate to the High Court for the purpose of revisional jurisdiction under section 115 of the Civil Procedure Code, 1908. The petitioners had claimed certain arrears of wages and bonus, which were disputed by the respondent. The court found that the petitioners had failed to establish that the bonus had been declared by the respondent during the relevant period. The court also held that the application was time-barred under the provisions of the Payment of Wages Act. Thus, the petition was dismissed with costs. |
| Summary |
This case revolves around the interpretation and application of the Payment of Wages Act, 1936, particularly sections 15 and 17(1)(b), in relation to the jurisdiction of the Lahore High Court. The petitioners sought recovery of unpaid wages and bonuses from their employer, S. Abdur Rahim, claiming they were unlawfully discharged. The court evaluated whether the authority designated to hear such claims is subordinate to the High Court and whether the petitioners' claims were filed within the statutory time limits. Ultimately, the court established that the petitioners failed to provide sufficient evidence for their claims and ruled that their application was indeed time-barred. The decision underscores the importance of adhering to procedural regulations within labor law and the specific provisions of the Payment of Wages Act, as well as the Civil Procedure Code. The case highlights the legal recourse available to employees under labor laws and the judicial interpretation of rights concerning wage claims, making it relevant for both legal practitioners and employees seeking justice in wage matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
A. R. Changez
|
| Lawyers |
Abdul Halim for Petitioners,
Mahboob Ilahi for Respondent
|
| Petitioners |
Abdur Rashid and Others
|
| Respondents |
S. Abdur Rahim
|
| Citations |
1959 SLD 105,
1959 PLD 806
|
| Other Citations |
Manager, Spring Mills v. G. D. Ambedkar A I R 1949 Bom. 188,
H. C. Dlathur v. E. I. Rly. A I R 1950 All. 80,
Works Manager, Carriage and Wagon Shop, Mogalpura v. K. G. Hashmat A I R 1946 Lah. 316,
Mir Muhammad Haji Omar v. Divisional Superintendent, North Western Railway, Karachi I L R 1941 Kar. 394,
Khema Nand v. East Indian Railway A I R 1943 All. 243,
Bisheshar Prasad Pandey v. Raghubir A I R 1926 All. 58,
Ma Min Baw v. Chettyar Firm 1441 C 163
|
| Laws Involved |
Payment of Wages Act, 1936,
Civil Procedure Code (V of 1908)
|
| Sections |
15,
17(1)(b),
115
|