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LEESHA MASIH versus MIAN SARDAR MUHAMMAD


Industrial Relations Ordinance 1969 Section 38 (3A) Payment of Payment Act (IV of 1936), Section 15 does not apply to the Labor Appellate Tribunal on an order approved by the Authority under the Payment of Pay Act.

1985 P L C 134

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi,

Appellate Tribunal

LEESHA MASIH

Versus

Mian SARDAR MUHAMMAD, Kiln Owner

Revision Petition No. LHR-82 of 1984, decided on 18th April, 1984.

Industrial Relations Ordinance (XXIII of 1969)----

---S. 38(3-a)--Payment of Wages Act (IV of 1936), S.15--Revision- Jurisdiction of Labour Appellate Tribunal--Not applicable to order passed by Authority under Payment of Wages Act, 1936.

Muhammad Ilyas Malik for Petitioner.

Date of hearing: 15th April, 1984.

ORDER

This is a revision preferred against the order dated 9-2-1984 recorded by the Authority under the Payment of Wages Act.

2. The petition of the petitioner for deducted /delayed wages was accepted ex parte. On the petition of the respondent the said ex parte order was set aside: The said order has been challenged in this revision. The learned counsel has argued that since no appeal lies against such orders, the revision lies.

3. Admittedly, there is, no provision of revision in the Payment of Wages Act. The impugned order has not been passed under any provision of the Industrial- Relations Ordinance, 1969, so section 38(3-a) is not applicable. It has been argued that the District Judge was the appellate authority before the Labour Courts were invested with the powers of appeal and as revisions lay to the High Court, so revision lies to this, Tribunal. This argument has no legal force. The High Court has power of writ and may have in any case exercised those powers but definitely this Tribunal has no jurisdiction to revise any order passed by the Authority as there is no provision of revision. The learned counsel for the petitioner has not cited any ruling in support of his arguments.

4. As a result, the revision is filed.

A. E.

Petition dismissed

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