DECISION ' This revision application filed against the order of the learned Presiding Officer, IVth Sindh Labour Court at Karachi, dated 12-9-1990, whereby the appeal of the applicant was dismissed.
2. I have heard Ch. Muhammad Maarif, Representative for the applicant and have also gone through the record filed by the applicant.
3.The applicant appears to have filed certain claim before the Authority under the Payment of Wages Act. During the proceedings before the learned Authority both the parties remained absent on certain dates of hearing. However, the learned Authority proceeded with the case as ex parte.
The applicant filed his affidavit-in-evidence by way of proof, whereafter the learned Authority fixed the matter for orders. It appears that passing of order was delayed and in the meantime, the respondent No,
1. Moved an application for setting aside the ex parte order and for being allowed to lead his evidence. It appears, that the learned Authority accepted the application of the respondent and allowed them to file written statement and lead evidence. The applicant therefore filed appeal against the said order of the Authority but the learned Labour Court dismissed the appeal on the ground that no appeal could lie under section 17 of the Payment of Wages Act, as the aforesaid order of the Authority could not be said to be directions under subsections (3) and
(4) of section 15 of the said Act.
4. On going through the provisions of law, it is clear, that the appeal under section 17 could lie only against the directions made by the learned Authority under subsections (3) and (4) of section 15.
Under subsection (3) the Authority could direct the refund of the amount deducted from the wages of the employee and under subsection (4) the learned Authority could impose penalty if the application is malicious and vexatious. Obviously the order of the learned Authority allowing the respondent No, 1 to contest the application before the learned Authority, cannot be considered as direction under subsection (3) or subsection (4) of section 15 and as such the learned Labour Court has rightly held that no appeal could lie against such order. Therefore, the revision application is dismissed in limine.