1. ' Abdul Wahid, Abdul Majeed, Shamsuddin and Abdul Hakeem jointly filed this application on 14-4- 1975 under sections 15 and 16 of the Payment of Wages Act against as many as five defendants, the Managing Director, MCPL, Lahore. The General Manager, MCPL., Karachi. The Project Manager, MCPL, Jamshoro, the Workshop Manager, MCPL, Jamshoro and the Workshop Accountant, MCPL, Jamshoro claiming Project Allowance from the date of their appointment, i,e,, from July 1962, August 1963, 1972 and 1974 respectively and also cost of Rs, 1,000 to applicants. This application was accompanied with copies of Letters No, W-2-1/60-Admn/407 dated 14.1-1960 from Water and rower Development Authority, West Pakistan No, 4769.F. 0. 11-84/19568 dated 18-12-1964, Minutes of Machinery Pool Board Meeting held on 4-12-1968 in the office of the Chairman, WAPDA and notice from Mr. Bashir Awan, Advocate of applicants dated 19-12-1975. and denied the claim of applicant.. The reply was accompanied with six Annexures which are copies of letters dated 4,4-1970, 30.4.1960, 3-44972, 16-11-1974, 6-11-1970 and 29-7-1969. The respondent prayer that applicants' claim being unfounded, may be dismissed.
2. ' On the pleadings of parties following issues were framed by my predecessor :
(1) Whether Project allowance is included in the definition of Wages.
(2) Whether the applicants were/are entitled for the Project allowance.
(3) Whether the Company is tenable for payment of liabilities of WAPDA period to applicants.
(4) Whether the application is time barred.
(5) What should the order be Applicant Abdul Majeed filed his affidavit on 21-6-1975 alongwith following documents, being representative of the applicants.
(1) Copy of office order of Chief Engineer (Water) WAPDA, Lahore dated 22-10-1959 alongwith Project Allowance to certain projects which does not include the name of Ghulam Mohammad Barrage Project, now Kotri Barrage.
(2) Photo copy of Letter No, M. P. 0./3318 of 1972 dated 23rd September 1972 from Workshop Officer, addressed to Superintending Engineer, seeking interpretation on the plea that staff working in WAPDA dispensary, Jamshoro are working on Project.
(3) Copy of letter from Manager, Mechanical MPO, WAPDA, Lahore dated 30-3.1968 addressed to Workshop Officer, MPO, WAPDA, Jamshoro, intimating that Project allowance will continue to be paid till the completion of Project.
(4) Single copy of extract from the minutes of meeting held on 21-10-1974 and decision taken (outstanding dues of WAPDA will be fully protected by M. C. P.)
(5) Representative of opponents also filed an affidavit on 21-6-1976 with the following copies of documents :-
(1) Letter No, ARK(344)/69/5983.78 dated 30-4-1960 attested copy already attached with reply statement intimating that Hospital staff not entitled to Project Allowance.
(2) Simple copy of letter No, ARK/1/44/59-Admn/14184 dated 8-7-1960 defining the word 'SITE'.
(3) Photo copy of agreement between Management of MCP and various issues through MCP Central Federation, Lyallpur.
3. ' After framing issues and re-framing issues and submitting of affidavits the respondent side started remaining absent. It was agreed that first issue be decided on arguments only, but after that opponent side preferred to remain absent. Learned Advocate of applicants therefore filed written arguments when the opponents side was closed.
4. ' The opponents' attitude has remained so much uninteresting that it was not possible for the Court to decide the case at an early date.
5. ' The following issues are to be decided.
(1) Whether the Project Allowance is included in the definition of wages.
(2) Whether the Project allowance has been discontinued.
(3) Whether the respondent-Company is liable for payment of liabilities of WAPDA period.
(4) Whether the application is time barred.