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Appeal No. 229 of 1974, decided on 26th October 1974.
-- S. 25-A read with Payment of Wages Act (IV of 1936), S. 15-. Deduction from wages-Application against such deduction-Junior Labour Court has no jurisdiction -Application under S. 25-A, held, rightly dismissed by Junior Labour Court for want of jurisdiction Authority appointed under S. 15, Payment of Wages Act, 1936 alone held, competent to entertain and decide such claim.
Abdul Sattar Asi, Yard Clerk, Hyesons Sugar Mills Limited, Jetha Bhutta, Khanpur, has brought this appeal against the order dated 27th September 1974 passed by the learned Junior Labour Court, Rahimyar Khan whereby the application of the appellant under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter mentioned as the Ordinance) was dismissed. The grievance of the appellant brought before the learned Court below was that the respondent Management (Hyesons Sugar Mills, Ltd.) has ordered deduction at the rate of Rs. 100 per month from his pay on account of weighment shortage and cash shortage found in the Fair Price Shop of the Management under the salesmanship of the appellant from 1st October 1969 to 20th July 1972 the total amount of loss to be recoverable from the appellant being Rs. 12,467.55.
The learned Junior Labour Court dismissed the application for want of jurisdiction which order has been challenged in appeal in this Court. The impugned order is un-exceptionable by virtue of the provisions of section 15 of Payment of Wages Act, 1936, whereunder the authority to hear and decide all claims arising out of deductions from the wages of workman is to be appointed by the Provincial Government which by notification in the Gazette dated 11th March 1974 the Assistant Director (Compensation and Conciliation), Rahimyar Khan has been duly appointed as the authority to hear and decide all claims arising out of deduction of wages, non-payment of dues relating to provident fund and gratuity and delay of payment of wages of all persons employed in any industry or establishment within Rahimyar Khan District. The said authority alone can try such claims as a Trial Court, the appeal whereof may lie to this Court or to any other competent Court a3 advised by law. Under the circumstances the impugned order cannot be excepted and being upheld the appeal is dismissed.
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