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(K.L.R. 1996 Labour & Services 166)

PAKISTAN MINERAL DEPARTMENT CORP. vs PRESIDING OFFICER PB. LAOUR

Citation(K.L.R. 1996 Labour & Services 166)
CourtLahore High Court
Judge(s)Irshad Hasan Khan
ResultN/A

IRSHAD HASAN KHAN, J.- This judgment shall dispose of Writ Petitions No 1098. 4699. 1700 and 4701 of 1982 involving identical questions ol law and facts and arising out of order dated 22.9.1982 passed by the Punjab Labour Court No.5 Faisalabad.

2. The sole grievance of the petitioners is that the claim of the private respondents for promotion as the keeper was turned down on the ground that neither they deserved to be promoted nor there was any vacancy as such. On these premises it was argued that the Authority under the Payment of Wages Act, 1936 was not justified in accepting their application for payment of the purported delayed wages merely on the ground that they were performing the duties of the keeper, in that, they had no right to claim wages under the provisions of the Act.

3. The plea raised by learned counsel for the petitioner relates to appreciation of evidence and the controversy raised herein is concluded by a finding of fact wich is not open to challenge here.

Furthermore, this is not a fit case for the exercise of my Constitutional jurisdiction, in that, the disputed amount deposited-by the petitioners with Authority under the Payment of Wages Act has already been released to the private respondents before filing of the writ petition.

In view of the above, the writ petitions fail and are hereby dismissed with no order as to costs.

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