' This is revision application against the decision, dated 14-3-1995 passed in Appeal No,4 of 1996 under section 17 of the Payment of Wages Act, 1936 by the learned 5th Sindh Labour Court.
2. The brief facts are that the applicant filed an application bearing No,44 of 1989 under section 15 of the Payment of Wages Act alleging that he performed his duty 12 hours a day from 1-1-1987 to 1- 2-1989 but he was not paid for 4 hours per day extra claiming Rs,37,830 which was allowed by the learned Authority under the Payment of Wages Act by his order, dated 21-6-1993. The respondent filed an appeal under section 17 of the Payment of Wages Act, 1936 before the learned 5th Labour Court, Karachi. After hearing the parties it transpired that no proper evidence had been recorded in the case and, therefore, the learned 5th Labour Court while setting aside the impugned order remanded the case to the learned Authority under the Payment of Wages Act by his order, dated 7-2-1995. The learned Authority after recording evidence dismissed the application of the appellant by his order, dated 10th October, 1996, Being aggrieved by the said order the applicant has chosen to file this Revision Application in this Tribunal.
3. I have heard Mr. Gohar Iqbal for the applicant.
4. The applicant has examined himself and produced a witness Muhammad Younas, whereas on his request one Abdul Wahid respondent Office Superintendent was summoned and got examined as witness. As admitted by the applicant in his cross-examination, he worked at the Head Office, residential banglow and at open plot at Korangi as Chowkidar. His own witness Muhammad Younus also admitted that the applicant used to work at the banglow at Bath Island, Clifton. The learned Labour Court was justified in coming to the conclusion that all these places where the applicant is said to have worked do not come within the ambit of the "Industry". According to the witness Abdul Wahid on summoing by the applicant to produce Agreement between the respondent and Karachi Port Trust it was admitted by the respondent that in 1994 there was an Agreement signed between the respondent and Karachi Port Trust providing space by the port for storing "for a period of three months", but the "applicant had not worked at the place." From the evidence it seems quite clear that the nature of work performed by the applicant was Chowkidary.
There is nothing on record that the places where the applicant had worked the nature of job was industrial as provided under section 2(i) and (ii) of the Payment of Wages Act, 1936. It has also come on record that the respondent's establishment is registered as Commercial Establishment under the West Pakistan Shops and Establishments Ordinance, 1969. In proof whereof the respondents have produced Registration Certificate.
4. I find myself in agreement with the finding of the learned 5th Labour Court that the respondents have reasonably proved to be Commercial Establishment and as such the Payment of Wages Act, 1936 is not applicable to it, and I have no reason to reverse the finding of the learned Authority.
' In view of the above I find no merit in the Revision Application which is dismissed in limine.