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MOTABAR AND 14 Others vs MESSRS S. M. REHMAN & Co., QUETTA AND — 1971 PLC 321

Citation: 1971 PLC 321

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MOTABAR AND 14 Others vs MESSRS S. M. REHMAN & Co., QUETTA AND JUDGMENT

Headnotes

Case cited as 1971 PLC 321

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title:MOTABAR AND 14 Others vs MESSRS S. M. REHMAN & Co., QUETTA AND JUDGMENT Reported As: 1971 PLC 321 Result: Petition allowed Judgment JUDGMENT This revision application arises out of proceedings instituted under the Payment of Wages Act, 1936 (hereafter called the said Act). According to the applicants, in January 1962, they were working in a coal mine owned or managed by a business known as S. M. Rahman & Company. One Syed Motiur-Rehman was the sole proprietor of this business, but in February 1962, he entered into a partnership with one Syed Muhammad Hassan for the running of this business. I shall refer to this firm as the firm, and as the said Syed Motiur-Rehman has described himself as the Managing Director of the firm. I shall refer to him for convenience as the respondent. No sooner had the firm been set up than it ran into difficulties. The partners fell out with each other, and I was informed that a suit for dissolution of the firm was filed, which is still pending. Perhaps because of these disputes, the firm did not pay the wages of the applicants for several months. However, by mutual consent, these disputes were referred on 15th May 1962, to arbitration, and in the events that happened, by a compromise or award dated the 15th May 1962 (Exh. A/3), the firm undertook to pay Rs. 12,000 to the applicants for their wages. However, it did not honour its commitment to the applicants, and instead resorted to…

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