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Revision No. QSA‑398 of 1983, decided on 16th August, 1984.
‑‑S. 15‑Industrial Relations Ordinance (XXIII of 1969), S. 50 Deducted or delayed wages‑Matter within jurisdiction of Authority under Payment of Wages Act, 1936‑Dispute regarding payment of bonus according to settlement‑Authority not feeling any difficulty with regard to interpretation of settlement‑Order of Authority, in circumstances‑held‑Not illegal or without jurisdiction.
M. S. Bokhari for Petitioner.
Kh. Tariq Masood for Respondents.
Date of hearing : 13th August, 1984.
The revision captioned above seeks to give information that the order dated, 22nd October, 1983 passed by the learned Authority under the Pay ment of Wages Act, is illegal and without jurisdiction.
2. By means of a settlement dated 21st April, 1983 bonuses for the years 1982‑83 were agreed to be paid on basic pay. Now the dispute between the parties is that according to the respondents, house rent and shift allowances are to be included in the pay while calculating bonus, whereas the petitioner wants to pay the bonus on basic pay only. The Authority under the Payment of Wages Act has decided that it has juris diction to decide the dispute between the parties and this order has been said to be illegal. It is argued by the learned counsel for the petitioner that according to clause 15 of the settlement, no dispute except the interpreta tion of the settlement can arise. No doubt, no other demand or disputes can be raised but where the settlement is not implemented or wages are deducted or delayed, the workers can go to the competent forum to claim redress of the wrong. Since a dispute exists between the parties about payment of bonus, it had a right to go to the Court. If any wages are proved to have been deducted or its payment delayed, the Authority under the Payment of Wages Act has jurisdiction.
3. It has been further argued that the Authority has no jurisdiction to interpret the settlement and that only this tribunal has jurisdiction. Section 50 of the Industrial Relations Ordinance, 1969 is clear. If there is any difficulty or doubt, only then interpretation is to be made by the Tribunal. The Authority under the Payment of Wages Act has not said that it feels some difficulty ; rather it says that it has jurisdiction.
4. As a result, the revision is dismissed.
A.E.
Revision dismissed.
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