Legal Case Summary

Case Details
Case ID 47d10f60-5d15-44a1-a95b-e81cd46d812a
Body View case body.
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)