1. ' AJMAL MIAN, J.--This petition is directed against the order dated 20-6-1987 passed by the learned Authority under the West Pakistan Shops and Establishments, Central Division, Karachi and order dated 9-3-1988 passed by the learned District Judge, Karachi in Civil Appeal No, 165/87 dismissing the petitioner's appeal against the aforesaid order of the learned Authority. The petitioners being aggrieved by the two orders have filed this appeal. In support of this appeal Mr. Muhammad Abdul Qadir has vehemently urged that in view of the definition of the term "wages" given in clause 6 of section 2 of the Payment of Wages Act (hereinafter referred to as the Act) the employer's contribution towards, inter alia, provident fund is not included within the definition of "wages" and, therefore, the authority under the Act was not entitled to grant any portion of contribution in pursuance of an application under the Act. It has further been urged by him that the appellant authority has also erred in not taking into consideration the above legal aspect.
2. ' It is an admitted position that respondent No, 3 is no longer in the employment of the petitioner and, therefore, he is entitled to receive all his dues including provident fund which comprises of his own contribution and the ' contribution of the petitioner.
3. In our view, the above objection raised by the petitioner is highly technical and this Court while exercising Constitutional jurisdiction can decline to A entertain the petition on such a technical ground when admittedly the petitioners are liable to pay their contribution of the provident fund to respondent No, 3 under the law. The petition is, therefore, without merit and is dismissed in limine.