' I intend to decide the following Constitutional petitions by one consolidated order having similar facts and law:--"
(i) W.P. No,14999 of 2004.
(ii) W.P. No,15000 of 2004.
(iii) W.P. No, 15001 of 2004.
(iv) W.P. No, 15002 of 2004.
(v) W.P. No, 15003 of 2004.
(vi) W.P. No, 15004 of 2004.
(vii) W.P. No, 15005 of 2004.
(viii) W.P. No, 15006 of 2004.
(ix) W.P. No, 15007 of 2004.
(x) W.P. No, 15008 of 2004.
(xi) W.P. No, 15009 of 2004.
(xii) W.P. No, 15010 of 2004. (xiii)W.P. No, 15011 of 2004. (xiv)W.P. No, 15012 of 2004.
2. The brief facts out of which the aforesaid writ petitions arise arethat the private respondents submitted the applications before the Workman Commissioner/Workmen's Compensation Authority under the Payment of Wages Act, 1936, which were accepted by the respondent, Workman Commissioner/VVorkmen's Compensation Authority vide order dated 30-6-2003. The petitioners being aggrieved filed applications under section 12(2), C.P.C. Which were dismissed as time-barred by respondent No,
1. The petitioners being aggrieved filed the aforesaid Constitutional petitions.
3. The learned counsel of the petitioners submits that respondent No,1 erred in law to dismiss the applications of the petitioners as time-barred. The time is prescribed as three years by virtue of Article 181 of the Limitation Act.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. It is admitted fact that private respondents have filed applications before respondent No,1 under the provisions of the Payment of Wages Act, 1936, which were accepted by respondent No,l. The petitioners have alternative remedy to file appeals before the Labour Court by virtue of section 17 of the Payment of Wages Act, 1936 even after the repeal of I.R.O., 1969 on the well known principle of legislation by reference or by incorporation as per law laid down by this Court in Pakistan International Air Lines Corporation's case (PLD 1979 Lah. 415), therefore, Constitutional petitions are not maintainable in view of the law laid down by the Honourable Supreme Court in Ch. Muhammad Ismail's case (PLD 1996 SC 246). The petitioners are well within their rights to avail the proper remedy before the appellate authority in terms of the aforesaid provisions of the Payment of Wages Act, 1936 before the competent forum.
' With these observations the writ petitions are disposed of. Copy Dasti on payment of usual charges.