| Case ID |
47d10f60-5d15-44a1-a95b-e81cd46d812a |
| Body |
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| Case Number |
Constitutional Petition No. 104 of 1978 |
| Decision Date |
Jun 26, 1979 |
| Hearing Date |
May 15, 1979 |
| Decision |
The Lahore High Court dismissed the petition, affirming that the Payment of Wages Authority is competent to determine claims related to wages even in the context of lay-offs. The court held that the employer's declaration of lay-off did not automatically preclude the Authority from adjudicating on the matter of delayed or deducted wages. The court emphasized that the Authority could assess the legitimacy of the lay-off declaration, and the absence of an adequate remedy under section 17 of the Payment of Wages Act justified the filing of a constitutional petition. The case underscores the importance of ensuring that employees receive their entitled wages, regardless of lay-off claims, highlighting the Authority's jurisdiction to review such claims. |
| Summary |
This case revolves around a constitutional petition filed by Arag Industries Ltd. against the Payment of Wages Authority regarding wage claims during a declared lay-off at Habib Textile Mills. The court examined the provisions of the Payment of Wages Act (IV of 1936), particularly sections 15 and 17, which govern the determination of wage claims and the processes for appeal. The case emphasizes the Authority's role in adjudicating wage claims even when lay-offs are declared by employers. The ruling clarifies that the Authority has the jurisdiction to evaluate whether a lay-off was legitimately declared, and that the absence of a viable alternative remedy allows for constitutional petitions to be filed. It reinforces the principle that workers should not be deprived of their wages due to employer claims of lay-offs unless such claims are substantiated. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ZAHOORUL HAQ, J
|
| Lawyers |
Kamal Mansoor Alam,
Mohammad Shafiq Qureshi
|
| Petitioners |
ARAG INDUSTRIES LTD.
|
| Respondents |
PAYMENT OF WAGES ACT AUTHORITY ETC.
|
| Citations |
1982 SLD 1554,
1982 PLC 567
|
| Other Citations |
P L D 1963 S C 340,
A I R 1959 Mad. 597,
A I R 1959 Bom. 423,
P L D 1965 S C 698,
P L D 1977 S C
|
| Laws Involved |
Payment of Wages Act (IV of 1936)
|
| Sections |
17(1)(a),
15,
2(6)
|