SARDAR MUHAMMAD RAZA, CHAIRMAN - This is a petition under Section 38(3)(a) of the Industrial Relation Ordinance against the judgment dated 28.9.2000 whereby the Labour Court at Mardan while exercising appellate jurisdiction had maintained the order dated 31.5.2000 of the authority under Payment of Wages Act, granting a decree of Rs. 20,605/- in favour of the legal heirs of Yousaf Khan employee against Pakistan Tobacco Company.
2. Yousaf Khan was a seasonal worker with Pakistan Tobacco Company (PTC) with effect from 15.6.1986 to 8.12.1 986. After his discharge from service on 8.12.1 986 he died on 28.4.1987. Having failed to lay down his claim during his life time, his legal representative brought the present claim as late as on 15.7.1 999 u/S. 1 5 of the payment of Wages Act.
3. The original claim was of Rs. 80,000/- out of which the authority on 31.5.2000 decreed a sum of Rs. 20,605/- against Which the appeal was dismissed by the learned Labour Court on the only technical ground that the appeal u/S. 1 7 of the Payment of Wages Act was not find by the appellant in person. The learned Appellate forum relied upon 1989 PLC page 176. The P.T.C, has come up in revision.
4. A perusal of Section 17 of Payment of Wages Act would not indicate that the appeal must by all means be find by the appellant himself. Section 1 7(1)(a) of the Act simply states that it shall be find by the employer and the language is not couched with specific negative words that it cannot be find either by an attorney or by a counsel or any one specific authority in that behalf. A failure to do so is also not provided with any punitive consequence, In this view of the matter it would be too stringent to import the conditions.
5. The authority relied upon by the Trial Court relates to Section 7(3) of the I.R.O, and not to Section 17 of Payment of Wages Act. Even with reference to Section 37(3) of the I.R.O. I have reservations, to the above effect, about the findings in the authority because the terminology used in that section also does not lay down emphatically that the appeal must be find by the party itself and that the one find by the attorney or the counsel would not be maintainable.
6. In the circumstances, the revision petition is accepted, the impugned judgment dated 28.9.2000 is set aside, appeal No. 4/2000 "Personnel Manager, etc. Vs. Mst. Rekhmeena" is revived before the Labour Court, which in turn, is directed to decide the appeal on merits. Parties to appear before the Labour Court at Mardan on 14.7.2001.