This is revision that the order dated 28-11-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 9, Multan is without jurisdiction and of no legal effect.
2. The facts are that the petition of the petitioner brought under section 15(2) of the Payment of Wages Act for overtime was accepted by the Authority under the Payment of Wages Act. The respondent challenged the order in appeal under section 17 and the learned lower appellate Court has accepting the appeal, returned the petition for presentation to the proper forum on the ground that the petitioner was not employed in any factory inasmuch as a loco shed is not a factory. The learned lower appellate Court relied upon 1985 PLC 81, but the said ruling is not germane to the facts of the present case. It relates to quite a different question. The question of promotion was involved and there was no question if the person was employed in a factory or not. In loco sheds repairing is done and all the persons who are employed and working within the precincts of the loco-sheds are deemed to have been employed in a factory. The learned lower appellate Court has not decided the other points in controversy between the parties since it came to the conclusion that the Authority under the Payment of Wages Act had no jurisdiction.
3. As a result of the observations made above, it is held that the Authority under the Payment of Wages Act has jurisdiction and the appeal is remanded to the learned lower appellate Court for decision on the remaining points in controversy between the parties.