FAROOQ ALI CHANNA, J. - The petitioner has filed the instant Constitution petition against the ex parte orders dated 24.05.2010 and 31.05.2010, passed by the Commissioner Workmen's Compensation & Authority under Payment of Wages Act, 1936, South Division, Karachi (hereinafter referred to as Authority), in Case No. 44/2009(15).
2. Concisely facts of the case are that respondent No. 1 Irshad Butt filed application under Section 15 of the Payment of Wages Act, 1936 (hereinafter referred to as Act, 1936), claiming Rs. 16,59,414/- under various legal liabilities. In pursuant to notice the petitioner made appearance before the Authority, however did not file written reply/statement despite several opportunities, therefore, the Authority granted the application under Section 15 of the Act, 1936 ex parte vide order 24.05.2010, directing the petitioner to deposit the amount of Rs. 49,78,242/ - (Rupees Forty nine lacs, seventy eight thousand, two hundred and forty two only) within 15 days. The petitioner filed an application under Section 151, C.P.C read with Section 29 of Workmen's Compensation Rules, 1961, supported by the affidavit of representative of the petitioner for recalling the order dated 24.05.2010. The Authority after hearing the counsel for both the parties dismissed the application by a detailed order dated 31.05.2010, both the above orders are impugned in this petition.
3. I have heard learned counsel for both the parties and perused the record.
4. Without touching the merits of the case it would not be out of context to mention that the order of the Authority passed under Section 15 of the Act, 1936 is appealable, within 30 days of the date on which the direction was made, before the concerned Labour Court constituted under the Industrial Relations Ordinance, 1969 (XXIII of 1969) within whose jurisdiction the cause of action arose, provided that no such appeal under this clause shall lie, unless the memorandum of appeal is accompanied by a certificate of the Authority to the effect that the amount payable under the directions of the Authority. Has been deposited. It will also be appropriate to mention that the order passed by the Labour Court is to be challenged under Section 55 of the Industrial Relations Act, 2008 (Now Section 58 of Industrial Relations Act, 2012) before the Labour Appellate Tribunal, constituted under Industrial Relations Act, 2008.
5. In view of the above provisions of law the petitioner had to file the appeal against the order of the Authority passed under Section 15 of the Act, 1936 before the Labour Court, however the petitioner has approached this Court directly without first approaching the Labour Court. Learned Counsel for the petitioner has failed to point out any extraordinary circumstance for approaching this Court directly under writ jurisdiction, which can be invoked only in exceptional circumstances.
The writ jurisdiction of this Court cannot be exploited as substitute for Appellate Court, ordinarily or normally the procedure prescribed by law for deciding the fate of the case should be followed unless some extraordinary circumstances are shown in order to abandon the regular course and follow the exceptional course. The inherited powers of this Court under Constitutional jurisdiction cannot be invoked in the presence of specific remedy available to the petitioner.
6. Besides above propositions of law, this Court vide order dated 14.06.2010 had passed an order mentioned in the order sheet of the instant petition that if the petitioner deposit a sum of Rs.
49,78,242/- with the Nazir of this Court as directed by the Authority, then notices be issued. Learned counsel for the petitioner during arguments to a query, has admitted that the petitioner has not deposited the amount in compliance of the above-said order, In view of the above facts, circumstances and proposition of law the instant constitution petition beside, being not maintainable is also dismissed due to non-compliance of the order of this Court dated 14.06.2010.