| Case ID |
38b1b103-ccce-42cb-8ffe-ec1b9c3e19c8 |
| Body |
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| Case Number |
L. R. No. 23 of 2000 |
| Decision Date |
Jun 18, 2001 |
| Hearing Date |
Jul 14, 2001 |
| Decision |
The Labour Appellate Tribunal set aside the Labour Court's judgment dated 28-09-2000, which had dismissed the appeal on a technicality regarding the filing of the appeal under section 17 of the Payment of Wages Act. The Tribunal found that the law did not explicitly require the employer to file the appeal personally, thus allowing representation by an attorney or counsel. The case was remanded to the Labour Court for a decision on the merits, emphasizing that procedural technicalities should not hinder the pursuit of justice. |
| Summary |
In the case involving the Labour Appellate Tribunal, the core issue revolved around the interpretation of section 17 of the Payment of Wages Act, which governs the filing of appeals against orders of payment of wages. The Tribunal found that the Labour Court had erroneously dismissed the appeal on the grounds that it was not filed in person by the employer. The Tribunal highlighted that the language of the law did not prohibit representation by legal counsel, thus ensuring that procedural requirements do not obstruct access to justice. The case underscores the importance of allowing legal representation and the need for courts to focus on substantive justice rather than procedural technicalities. This ruling is significant for employers and employees alike, as it clarifies the rights to appeal and the manner in which appeals can be filed under the Payment of Wages Act, 1936. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Pakistan Tobacco Company,
Yousaf Khan
|
| Judges |
Sardar Muhammad Raza
|
| Lawyers |
Barrister Jehanzaib Rahim,
Zain Khan
|
| Petitioners |
Personnel Manager
|
| Respondents |
Mst. Rekhmeena
|
| Citations |
2001 SLD 2241,
2001 PLC 634
|
| Other Citations |
1989 PLC 176
|
| Laws Involved |
Payment of Wages Act, 1936,
Industrial Relations Ordinance, 1969
|
| Sections |
15,
17,
38(3)(a)
|