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Petition No. FD‑337 of 1982, decided on 28th January, 1984.

‑‑‑ S. 38 (3‑a) read with Payment of Wages Act (IV of 1936). Ss. 15 & 16‑Revision‑Claim regarding wages‑Authority and Labour Court in appeal not allowing wages of unavailed leave and not including cost of living allowance as part of wages without giving any reasons‑Impugned orders of Authority and Labour Court, in circumstances, set aside in revision by Labour Appellate Tribunal and case remanded to Authority.

Ali Muhammad Khan for Petitioner.

Akbar Ali Tarar, Representative for Respondent.

Date of hearing : 24th January, 1984.

The revision captioned above arises from the decision, dated 19th October, 1982 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad in its appellate jurisdiction.

2. The petitioner was retired on 5th January, 1980. Gratuity, pension, and wages for the period of earned leave were not paid, so the petitioner applied to the Authority under the Payment of Wages Act. Gratuity of Rs. 8,745 only was allowed on the basic pay not including the Cost of Living Allowance which, according to the petitioner, was Rs. 150 per mensem. No ground is given for not including the Cost of Living Allowance. Likewise, no ground is given for not allowing wages for the period of unavailed leave. The learned lower appellate Court also did not give any reason. Rather so far as claim about unavailed of leave is concerned, it appears to have missed its notice. Grant of, pension is beyond the jurisdiction of the Authority, so the Courts below rightly declined to pass any order with regard to the same.

3. As a result, the decisions of the Courts below are set aside and the case is remanded to the learned Authority under the Payment of Wages Act for re‑decision, according to law.

A. E.

Revision accepted.

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