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Appeal No RI‑140 of 1985, decided on 15th December, 1985.
‑‑‑Pay‑‑Wages‑‑Distinction‑‑Term "wages" wider than term "pay"‑‑Wages may include all remunerations except those excluded‑‑Pay means basic pay or pay including earned annual increments‑‑Railway employees granted 55% running allowance, was not a part of pay for working on Fridays and rest days.
Agha Taj Muhammad for Appellant.
Nemo for Respondent.
Date of hearing: 9th December, 1985.
The decision, dated 9‑2‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala has been challenged, whereby the prayer of the respondent to include 55 running allowance in the pay to be paid to the respondent for working on Fridays and under‑rest days was accepted.
2. The President of Pakistan allowed 50 pay for working on Fridays and under‑rest‑days. The letter in this respect is Exh.P‑2. The question is if 55 running allowance can be included or not. I have already held in a previous case of the respondent that this running allowance can be included. The case is Appeal No.GT‑445/84‑Punjab decided on 10‑3‑1985. In letter P.2 50% pay and not wages has been allowed for working on Fridays and under‑rest days. The term "wages" is wider than the term "pay". Wages may include all remunerations, except those, which have been excluded, but "pay" means basic pay or pay including annual increments earned by an employee. If the intention of letter Exh.P‑2 had been that 55% running allowance may also be paid then the word "wages" and not "pay" would have been used. Learned lower Court has made reference to a decision of this Court given in Appeal No.LHR‑412/83‑Punjab but date of decision is not given, nor any copy of the judgment is on the learned lower Court's file. Unless the judgment is seen, it cannot be said if it was held that 55% running allowance is to be allowed. If there is any such decision, it stood suspended by the decision, dated 10‑3‑1985 delivered in Appeal No.RI‑445/84‑Punjab titled as "Muhammad Latif v. D.S. Railways".
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the grievance petition of the respondent is dismissed holding that 55% running allowance is not part of pay for the purpose of wages to be paid for working on Fridays and under‑rest days.
A. E.
Appeal accepted.
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