' This revision is directed against the order, dated 14-2-1982 passed by the learned Presiding Officer, Punjab Labour Court No,2, Lahore whereby the appeal brought by the respondent against the order of the Authority under the Payment of Wages Act was accepted and the order of the Authority for the recovery of delayed wages was set aside.
2. The facts are that the petitioner was promoted as S.D.O. In officiating capacity on his pay of substantive post plus 121 per cent of the pay. The petitioner claimed full regular pay of the post of S.D.O. For the period he had served as S.D.O. Plus ten time compensation. The learned lower appellate court dismissed the petition of the petitioner on the ground that it was not a case of deduction or delayed wages, therefore, the Authority under the Payment of Wages Act had no jurisdiction. The learned counsel for the petitioner has argued that the petitioner could be kept as S.D.O. In officiating capacity on the pay of the substantive post plus 121 per cent allowance and, thereafter, had become entitled to the regular pay scale of the S.D.O., therefore, the act of the respondent in not paying him the pay of the scale of the S.D.O. Amounted to deduction of wages, therefore, the Authority under the Payment of Wages Act was competent to decide the matter. He relied upon letter No, S A Q-1(21-B)/Admn/13404, dated 20-5-1964, according to which, it was decided that the arrangement of the appointment to the higher post on 121 per cent could remain for four months only and where the period had exceeded four months, the matter be referred to the WAPDA authorities for orders in the cases where a promotion order is made by the Authority and in other cases Chief Engineer of the Division should take steps to regularise such postings/ promotions within four months of the passing of the original orders. It was further decided that the official arrangement should in no case exceed four months. The letter referred to above may be a good documentary evidence in favour of the petitioner, but in cases where the claim is contested and is not accepted, forum cannot be the Authority under the Payment of Wages Act. In cases where the very entitlement is disputed, it cannot be said that the wages paid at less rates amount to deduction or delayed wages. First of all the dispute is to be got decided by the competent forum and if the case is decided in favour of the workman and in spite of it, the wages are not paid or are deducted, only then the Authority under the Payment of Wages Act has jurisdiction under section 15 of the Payment of Wages Act. The Authority under the Payment of Wages Act has no jurisdiction either to direct the respondent to act, upon the letter referred to above, or to decide on the strength of the said letter that the petitioner was entitled to the regular pay scale of the post as of the S.D.O.
The learned lower appellate court, therefore, rightly held that the Authority under the Payment of Wages Act had no jurisdiction. There is no force in the revision, which is dismissed in limine.