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Petitions Nos. FD‑64 to 66 of 1982, decided on 15th May, 1982.

‑‑ Ss. 2, 15 & 17 and Industrial Relations Ordinance (XXIII of 1969), S. 38(3‑a)‑Applicability of Payment of Wages Act, 1936 Whether notification extending application of Act to particular establishment (a Town Committee) issued‑Question of fact -Authority and Labour Court without affording opportunity of evidence to parties passing order that Act was not applicable- Impugned orders, in circumstances, set aside by Labour Appellate Tribunal in revision and case remanded to Authority for decision afresh after opportunity of evidence to parties.

A. M. Khan for Petitioners.

Ch. Muhammad Siddique for Respondent.

Date of hearing: 15th May, 1982.

The revisions captioned above arises, from the order, dated 25th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad dismissing the petitions of the petitioners for gratuity and other service benefits on the grounds that the Town Committee, Sammundri was not covered within the definition of factory and that the Payment of Wages Act has not been extended to the said Town Committee, The learned Commissioner under the Payment of Wages Act without affording the opportunity to the parties to produce evidence on the disputed points gave the finding that the Town Committee was not a factory and likewise the learned Labour Court gave the finding without any material on the record that Payment of Wages Act has not been extended to the Town Committee, Sammundri. These were the questions of fact and unless the parties were afforded opportunity to produce evidence, the points could not be taken and finally decided. If the opportunity had been given the petitioners would have a chance to bring notification if any to show that Payment of Wages Act had been extended to Town Committee, Sammundri. Likewise the petitioners could have prove that according to the functions of the Town Committee, it was covered by the definition of factory and the petitioners according to their nature of duties covered by the definition of workman given in the Factories Act. I accordingly accept the revisions and setting aside the order of the Courts below send the case back to the learned Commissioner with the direction that affording proper opportunity to both the parties to produce evidence the case be redecided on merits including the legal points.

A.E.

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