FALAK SHER, J.-- This order will dispose of Civil Petitions for Leave to Appeal Nos. 3662 to 3666-L of 2001 involving identical question of law, stemming out of the same judgment of a learned Judge of the Lahore High Court dated. 18.7.2001 upholding the findings of Punjab Labour Appellate Tribunal, Lahore, opining that respondents are entitled to the gratuity under Section 12(6) of the West Pakistan Industrial and Commercial Employment Standing (Orders) Ordinance, 1968 hereinafter referred to as the Ordinance, to be worked out on the basis of the "wages" defined therein including the allowances admissible to a worker, in contradistinction to "pay" perceived by the petitioners' gratuity rules excluding the allowances.
2. The respondents' consequent upon retirement/resignation got entangled with the petitioners, necessitating filing of grievance petitions perceived by Section 25-A of the Industrial Relations Ordinance, 1969 claiming gratuity on the basis of "wages" perceived by the Ordinance, which was allowed by the Punjab Labour Court, Lahore on 30.10.1990, whose findings were affirmed by the Punjab Labour Appellate Tribunal, turning down petitioners' Appeal on 7.9.1991 as well as by a learned Judge of the Lahore High Court, dismissing. The writ petitions vide the impugned judgment. -
3. Dis-contended therewith present petitions have been recoursed, reiterating the sole contention viz. The respondents are entitled to gratuity under the petitioners' gratuity rules on the basis of the "pay" perceived by Regulation 4(v):-- ""Pay" means average pay drawn by a Corporation servant during the last year of the service before retirement and includes personal pay, special pay and technical pay." and not under the Ordinance on the basis of "wages".
4. Which we are afraid is mis-conceived because regulation No. 3, text whereof in extenso is reproduced herein in below:-- "These regulations shall not apply to workmen who are entitled to receive gratuity under West Pakistan Industrial Commercial Employment (Standing Orders) Ordinance, 1968. They shall apply to those servants of the Corporation who are governed by West Pakistan Road Transport Board Service Rules as adopted by the RTC," patently contemplates exclusion of workmen from sphere of its activity who are entitled to gratuity under the Ordinance on the basis of wages. While the remaining employees of the Corporation are entitled to draw gratuity, on the basis of petitioners' gratuity rules.
5. Resultantly, the petition being devoid of any substance , fail and are hereby dismissed. Leave declined. .