1. Abdul Manan son of Wajid Ali Khan has filed this case under section 15, subsection (2) of the Payment of Wages Act, against the Manager, Government of Pakistan Press, Lahore. The facts of the case are that Abdul Manan who belongs to East Pakistan, was working in the Government of Pakistan Press and drawing a salary of Rs. 111 (Rupees one hundred and eleven only) per month.
2. According to his petition he was given advance T. A. of Rs. 650 Rupees six hundred and fifty only) by the respondent for going to East Pakistan, in 1960 and it was sanctioned to him by the respondent on his application and consequently the payment was made to him. After a lapse of about five years the respondent served him with a notice that deduction will be made , from his wages for the T. A. advance given to him. He therefore, filed the first petition in this Court under the Payment of Wages Act, on 15-5-1965, and then filed three more cases in this Court for subsequent deductions from his wages. These four cases are 38-P, 49-P, 64-P and 83-P of 1965. As the matter was subjoined, the petitioner applied to the. Court for issuing an interim order directing the respondent to stop further deductions till the final decision of the case The respondent was accordingly directed to stop further deduction from monthlywages of the petitioner till the final disposal of the cases pending in the Court. All the four cases were, therefore, linked together of action and circumstances in all these cases were the same. I have recorded the evidence and recorded the evidence and heard the arguments from both parties. , At the very beginning the objection was raised by the respondent that this Court had no jurisdiction to hear the petitioners. This objection was overruled by my predecessor vide his order dated 6-11-1965.
3. "Under the Payment of Wages Act, "Wages" means-all remuneration capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed or Other--wise, to a person employed in respect of his employment or of work done in such employment; and includes any bonus or other additional remuneration of the nature aforesaid which wouldbe so payable and any sum payable to such person by reason of the termination of his employment, but does not include-
(a) the value of any house accommodation, supply of light, water, medical attendance; or other amenity, of any service excluded by general or special order of the 1 (Provincial Government) ;
(b) any contribution paid by the employer to any pension fund or provident fund ;
(c) any travelling allowance or the value of travelling concession;
(d) any, sum paid to the person employed to defray special expenses entailed or him by the nature of his employment.; or
(e) any gratuity payment on discharge.
4. From the definition of wages it is clear that travelling allow-- ance or value of travelling, concession is not included in the term "wages". Travelling allowance or T. A. concession has been specifically excluded from the term "wages" vide section 2(vi)(c) of the Payment of Wages Act. In his written arguments the representative of the petitioner has pointed out that even if the respondent ha, wrongly sanctioned the advance of T. A. to the petitioner, he was not competent to make deductions from his wages as ;sec u . i;: 12 (a) bars such deductions. As travelling allowance or the value of travelling concession is not included in the term of "wages" section 12(a) bars the respondent to make any deduction of T. A. advance from the monthly wages of the petitioner. He could make deduction from his wages, had he given any advance from his wages, but not for the money he advanced to him as T. A.
5. Muhammad Siddique Superintendent Government Printing Press, Lahore who has been produced as the only witness by the respondent stated on 29-12-1965 before the Court that no payment was made to any worker without sanction. The amount of Rs. 650 was sanctioned to him for rest and recreation.
6. From the above statement of a responsible of official (the only witness of the respondent it is quite clear hat the petitioner was not at all responsible if any wrong payment was made to him by the respondent, who sanctioned advance T. A. for recreation to the petitioner. After a lapse of about five years the respondent started from his monthly wages. The Officer who sanctioned the advance was responsible if any wrong order was ,passed by him and the respondent had no authority to make deductions from the monthly wages of the petitioner after such a long time as section 12(a) of the Payment of Wages Act, bars recovery of travelling expenses advance from the wages. If the applicant had not spent the advance for going to, East Pakistan or for the purpose it was sanctioned to him, the best course for the respondent was to proceed against him legally departmental action should have been taken against him in accordance with the terms of his s8rvice. In case of auy fraud he could have been dismissed from service. But after a lapse of five years, he started making deductions from his monthly wages which is not admissible under the Payment of Wages Act. 1, therefore, order that the amount already deducted by the respondent from the wages of the petitioner, Abdul Manan on account of advance T. A. be refunded to him immediately. The petitioner has also claimed compensation under section 15(3) of the Payment of Wages Act, at ten times the amount deducted by the respondent I do not grant the request of the petitioner to allow, him compensation at the rate of ten times of the deductions which comes to Rs.
7. 2,160 (Rupees two thousand one hundred and sixty only). I allow him compensation at the rate of five*times of the deductions which comes to Rs. 1,050 (Rupees one thousand and Fifty only). 1, therefore, order that apart from the refund of actual deductions made by the respondent as ordered above, he should pay to the petitioners a further sum of Rs. 1;080 as compensation, and Rs.
8. 5 (.Rupee five only) as cost.