' The above-titled revision gives information that the order dated 23-5-1983 passed by the Authority under the Payment of Wages Act and the order dated 18-8-1983 passed by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala in its appellate jurisdiction under section 17 of the Payment of Wages Act are illegal and ultra vires.
2. The dispute is about 55% running allowance for rest days and Fridays. This is a fixed allowance which is paid, irrespective of the fact if the members of the running staff go or do not go with any train. This is not disputed whether this allowance comes within the definition of wages. Since 50% wages are paid on Fridays and rest days, likewise upto the said percentage, 55% running allowance is too admissible and the orders of the Courts below on facts are unexceptional.
3. It has been argued by the learned counsel for the petitioner that except four of the respondents, the rest were getting wages more than Rs,1,000 per mensem, so the Payment of Wages Act is not applicable. The learned trial Court had demanded original bill which was not produced and instead a statement of bills was produced, which was not relied upon by the learned Court. Since statement was prepared, it shows that the original bills are in existence. The Court was justified in insisting that the original bills or office copy be produced. The calculations given in the statement Exh. R-3 too are wrong. So the petitioner failed to satisfy that the respondents were getting wages in excess of Rs,1,000.
4. The other point raised is that the claim was time-barred. The period of claim is from 7-9-1979 to 8-9-1982. So only two days' claim i,e, 7-9-1982 and IC 8-9-1982 is time-barred, but not the whole.
5. As a result, the revision is partly accepted and the order of the Authority under the Payment of Wages Act is modified, disallowing the claim for 7-9-1982 and 8-9-1982.