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Civil Petitions for Leave to Appeal Nos. 354‑K, 355‑K and 356‑K of 1985, decided on 15th May, 1986.
(On appeal from the judgment and order of the Sind High Court. Karachi, dated 27th May, 1985 in Constitutional Petition No. S‑38 of 1985).
‑‑‑Art. 185(3)‑‑Payment of Wages Act (IV of 1936), S. 15(3)‑‑Leave to appeal granted to consider inter alia questions whether respondents claim was covered by the term "delayed wages" or "deducted wages" as defined in subsection (3) of S. 15 of Act and whether recreation allowance is a part of monthly salary/pay given to respondents in their particular grades of pay.
Akhlaq Ahmad Siddiqui, Advocate Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing : 15th May, 1986.
The dispute in these petitions relates to what was claimed and paid to the private respondents as milage allowance along with recreation allowance as part of their pay.
The question of law raised in the petitions inter alia are as under:
(1) Whether respondents' claim as covered by the terms "delayed wages" or "deducted wages" as defined in sub‑section (3) of A section 15 of the Payment of Wages Act, 1936.
(2) Whether recreation allowance is a part of monthly salary/pay given to respondents in their particular grades of pay.
3. Since the questions of law raised in these petitions are likely to govern large number of cases it is necessary to render an authoritative decision of this Court. Leave is granted and the petitions are allowed.
4. Petitions will be heard on the present record but it will be open to the parties to file additional documents, if any.
5. Status quo with regard to the payments of the disputed amount shall be maintained till the appeals are decided.
M.I. Leave granted.
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