| Case ID |
dc2aef32-4676-46a8-978f-6ec5af067270 |
| Body |
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| Case Number |
Revision No. LHR-358 of 1985/Pb. |
| Decision Date |
Apr 19, 1986 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled that the respondent, a duty clerk, was not considered a 'worker' under the definitions provided in the West Pakistan Road Transport Workers Ordinance, 1961. The tribunal found that only individuals engaged in mobile duty, such as drivers, conductors, cleaners, or checkers, could claim benefits under the Payment of Wages Act. The court dismissed the respondent's petition for overtime wages, stating that he did not fall under the definition of worker as he was not employed on mobile duty. The previous Labour Court's ruling was set aside, affirming the authority's decision that the Payment of Wages Act did not apply to the respondent. |
| Summary |
The case revolves around the interpretation of the definitions of 'worker' and 'mobile duty' under the West Pakistan Road Transport Workers Ordinance, 1961, and the applicability of the Payment of Wages Act, 1936. The Labour Appellate Tribunal of Punjab reviewed the case involving Riasat Ali, a duty clerk at Punjab Urban Transport Corporation (now known as PRTC), who sought overtime wages for festival holidays. The tribunal concluded that the respondent did not qualify as a 'worker' as defined by the law since his responsibilities did not involve mobile operations typical of drivers, conductors, or cleaners. This decision highlighted the importance of precise definitions within labor laws and the necessity for employees to meet specific criteria to benefit from wage-related legislation. The ruling emphasized that the interpretation of roles within transport services is critical to determining entitlements under labor laws, ultimately leading to the dismissal of the respondent's petition. Keywords related to labor law, payment of wages, and worker definitions are crucial for understanding the implications of this case. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Urban Transport Corporation,
Riasat Ali
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Shamsul Haq,
Nazir Ahmad Naz
|
| Petitioners |
Punjab Urban Transport Corporation (now PRTC)
|
| Respondents |
Riasat Ali
|
| Citations |
1989 SLD 1808,
1989 PLC 608
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Road Transport Workers Ordinance, 1961,
Payment of Wages Act, 1936
|
| Sections |
2(7),
2(10),
15,
17
|