ABDUL HAFEEZ CHEEMA, CHAIRMAN - This revision petition challenges the legality of the order dated 20.12.2010 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore whereby the application under Order 7, Rule 11, C.P.C. Filed by the revision petitioner was dismissed.
2. The facts Of the case briefly are that the respondent was employed as "Driver" in the petitioner establishment. Due to the alleged financial crunch the petitioner was obliged to effect retrenchment and as such the services of the respondent were terminated. Instead of challenging the retrenchment order and claiming his back benefits, the respondent had filed a grievance petition with the prayer that he may be awarded his arrears of wages and other dues. The Bank filed an application under Order 7, Rule 11, C.P.C. With a prayer that the grievance petition before the Labour Court was patently incompetent as the relief can be sought only from the Authority under the Payment of Wages Act.
3. The learned Labour Court dismissed the application on the ground that a factual controversy is involved in the matter which can only be resolved after recording of the evidence. The petitioner bank has challenged the said order on the ground that the assumption of jurisdiction by the Labour Court was absolutely unwarranted and repugnant to the provisions of Section 22 of the Payment of Wages Act, 1936.
4. Arguments have been heard and record has been perused.
5. The relief sought in the grievance petition before the Labour Court reads as follows:- "In view of the above, it is prayed that Respondent Bank be directed to pay the Balance amount as specified in the Table above."
6. So obviously this is a claim for the payment of back wages which according to Section 22 of the Payment of Wages Act, 1936 exclusively falls within the jurisdiction of the Authority under the Payment of Wages Act. Section 22 ibid inter alia declares that no Court shall entertain any suit for the recovery of wages or of any deduction from wages insofar as the sum so claimed.
7. In this view of the matter, the application filed by the petitioner bank before the Labour Court under Order 7, Rule 11, C.P.C. Was illegally dismissed. The learned Labour Court obviously had no jurisdiction to entertain the claim which exclusively falls within the jurisdiction of the Authority under the Payment of Wages Act.
8. In this view of the matter, the revision petition is allowed and the impugned order is set aside.
Consequently, the grievance petition before the learned Labour Court also stands dismissed. The respondent may however approach the competent forum if so advised.