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Appeals Nos. GT‑445 and GT‑537 of 1984, decided on 10th March, 1985.
‑‑‑ Pay ‑ Wages ‑ Distinction ‑ Wages may include allowances except those expressly excluded ‑ Pay always means basic pay excluding allowances ‑ Railway employees allowed by Govern ment half day's pay for working on Fridays and rest days‑Emp loyees claiming payment inclusive of 55% running allowance over and above basic pay‑Word "Pay" used in Government letter and not the word "wages", held, limited payment to extent of basic pay and claim of employees rightly disallowed by Labour Court -Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A and 38(3).
Ch. Fazal Elahi for Appellants.
Agha Taj Muhammad for Respondent.
Date of hearing : 4th March, 1985.
The decisions dated 8th July, 1984 and 19th August, 1984 recorded by learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, dis missing the grievance petitions of they appellants, have been challenged in the two appeals captioned above.
2. The President of Pakistan allowed vide Exh. P‑2 half day's pay for working on Fridays and under rest days. The respondent is paying half day's basic pay to the appellants but the latter claim the same including 55% allowance in the basic pay. The learned lower Court has interpretted Exh. P‑2 to mean that at half day's basic pay the employees of running staff are entitled. The interpretation appears to be correct. The word pay' and not wages' has been used in Exh. P‑2. Wages' may include allowances except those that have been expressly excluded in the definition but pay' always means basic pay excluding allowances. In every case the intention of the law‑marker is to be seen. If intention had been that half day's allowances should also be paid, then the word wages' and not pay' would have been used. I am aware of the fact that if one goes on leave, he is paid 55 % running allowance as well. But since leave is allowed with wages so whatever the employee gets as wages when on duty, the same on average basis is paid to him during leave. Unless letter is got amended and the word wages' is substituted for the word pay' the appellants cannot successfully claim half of 55% allowance for working on Fridays and under rest days. The Courts have to enforce the law as it is and cannot change it, nor can give a meaning against the intention of the law‑maker.
3. It has been argued that this Tribunal in the case Divisional Superintendent Railways v. Hakim All had allowed half day's pay for working on Fridays and rest days on 55% running allowance as well. I have gone through that judgment dated 9th April, 1983. No such point was contested in that case. The Railways had fought the case on the point of the grievance notice being time‑barred. The learned lower Court had rightly interpretted letter Exh. P‑2 and the impugned decision does not call for any interference.
4. As a result, both the appeals are dismissed.
A. E.
Appeal dismissed.
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