| Case ID |
eab1e58e-537e-4f21-9957-a8fe2a3e1736 |
| Body |
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| Case Number |
Civil Appeal No.147 of 1982 |
| Decision Date |
Feb 03, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal based on a disagreement between two High Courts regarding the competence of the Labour Appellate Tribunal to revise an order made by the Labour Court under the Payment of Wages Act, 1936. The Court determined that the Labour Appellate Tribunal was competent to revise such orders and that the earlier ruling by the Lahore High Court was erroneous. The case was remanded for further consideration on other grounds raised by the respondents. |
| Summary |
In the landmark case of Civil Appeal No.147 of 1982, the Supreme Court of Pakistan addressed critical questions regarding the jurisdiction of the Labour Appellate Tribunal and the Labour Court under the Payment of Wages Act and the Industrial Relations Ordinance. The case arose from a dispute involving 73 lower division clerks of Pakistan Railways who claimed unpaid wages for duties performed beyond their designated roles. The initial ruling favored the workers, but subsequent appeals led to conflicting interpretations between the Lahore High Court and the Sindh High Court concerning the appellate jurisdiction. The Supreme Court's decision clarified the scope of revisional powers, reinforcing the Tribunal's ability to revise Labour Court decisions. This case has significant implications for labor rights and judicial interpretations of wage disputes, emphasizing the need for clarity in labor laws and their enforcement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Punjab Labour Appellate Tribunal,
Pakistan Railways
|
| Judges |
Saad Saood Jan,
Abdul Shakurul Salam
|
| Lawyers |
Karamat Nazir Bhindari,
MA. Qureshi,
Ch. Fazle Hussain
|
| Petitioners |
others,
Muhammad Hussain
|
| Respondents |
others,
Islamic Republic of Pakistan through Chairman, Railway Board, Lahore
|
| Citations |
1991 SLD 500,
1991 PLD 385
|
| Other Citations |
Pakistan v. Maqsood Ali 1981 PLC 307,
National Cement Industries v. Sindh Labour Appellate Tribunal 1981 PLC 561
|
| Laws Involved |
Payment of Wages Act,
Industrial Relations Ordinance,
Constitution of Pakistan
|
| Sections |
17,
15,
35,
38,
185(3)
|