' This writ petition was originally allowed ex parte by this Court vide judgment dated 7-2-1990.
However, on an application filed by respondent No,1 ex parte order has been set aside and the arguments of the learned counsel for the petitioner as also respondent No, 1 have been heard.
2. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application filed by the petitioner under the Payment of Wages Act, 1936 before the Authority constituted under section 15 of the said Act. The claim of the petitioner was that he had been denied the benefit of 55% allowance and Travelling Allowance payable to Trouble Shooter, by respondent No,1. This petition was allowed by the Authority under the Payment of Wages Act on 18th November, 1978. This order was reversed by the Punjab Labour Court No,2, on 16th April, 1980 on an appeal filed by respondent No,1.
3. According to the petitioner he was working as a Trouble Shooter when he met with an accident on 23-1-1970. When he rejoined his employment on 17th September, 1971 he was posted as a Clerk in time office and not as a Diesel Examiner. As he was not paid 55% allowance and Travelling Allowance, he filed a petition which, as already indicated, was accepted. This order was reversed by the Labour Court on the finding that the petitioner was working in the office and not performing any field duty and further that Diesel Examiners had not been declared as members of the running staff and as such the petitioner was not entitled to any allowance.
4. According to office order dated 27-12-75, all Wiremen who were previously working on Trouble Shooting duty but were subsequently assigned duty in the loco/Railcar Sheds were to be paid on the same terms as were applicable to the running staff. To the same effect is the order dated 26-1- 1976 (Exh. P.W.4/7). It thus becomes clear that notwithstanding the actual nature of the work being performed by Trouble Shooters, they were entitled to the same terms and conditions as were applicable to the running staff.
' The learned counsel for the respondent, however, submitted that the petitioner was not a Trouble Shooter and, therefore, was not entitled to the allowances claimed by him. However, this contention of the learned counsel cannot be accepted in view of the seniority list of the Trouble Shooters (Exh.P.W.4/2) in which the name of the petitioner appears at serial No,
41. It is also apparent that the status of the petitioner as a Trouble Shooter was not specifically in issue before the Courts below but instead the petitioner was non-suited by the Punjab Labour Court on the ground that the Diesel Examiners were not members of the running staff.
Unfortunately, while arriving at this conclusion, the letter dated 26-1-1969 (Annexure 'B') of the Divisional Superintendent, Pakistan Railways was ignored by the Labour Court. According to this letter, the Wiremen employed for Trouble Shooting on Diesel Locomotive were to be known Diesel Examiners. There was as such no warrant for the Labour Court to hold that the Diesel Examiners were not Trouble Shooters and, therefore, not members of the running staff.
' For the foregoing reasons, this writ petition is accepted, the impugned order dated 16-4-1980 is declared to be without lawful authority and of no legal effect, with the result that the order dated 18-11-1978. Passed by the Authority under the Payment of Wages Act, stands revived and restored.
There shall be no order as to costs.