DECISION ' This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No,VI at Hyderabad, dated 8-3-1990, whereby the grievance application of the appellant was dismissed in absence of the appellant on the ground that the Labour Court had no jurisdiction as it was the case of withholding of the wages for which the appellant should move the Authority under the Payment of Wages Act.
2. I have heard the appellant in person and also Mr. Imam Bux, the Deputy Director, SASO, and have also gone through the record and proceedings of the case. The Payment of Wages Act is applicable only to the establishments, mentioned in section 1(4) of the Payment of Wages Act, which reads as under: "(4) It applies in the first instance to the payment of wages to persons employed in any factory and to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration."
3. However, under subsection (5) of section 1, the Provincial Government may after giving three months' notice of its intention of so doing by notification in the official Gazette, extend the provisions of the Act or any of them to the payment of wages to any class of persons employed in any industrial establishment or any class or group if industrial establishments.
4. Obviously the respondents are not factory or railway, therefore, they do not fall within the classes of the establishments mentioned in subsection (4). There is no evidence to show that the Government had notified the respondents establishment under subsection (5). As such the opinion of the learned Labour Court that he has no jurisdiction, but only the Authority under the Payment of Wages Act had got jurisdiction does not appear to be substantiated from the evidence on record, therefore, it is set aside and the case is remanded to the learned Labour Court. The learned Labour Court is directed to dispose of the case within 4 months. The parties are directed to appear before the Labour Court on 14-2-1991.