Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: DISTRICT MANAGER, KARACHI OMNIBUS SERVICE, KARACHI VS Respondent: MOHAMMAD ZAMAN And Another , .
Court Name: Labour Appellate Tribunal Judge(s): Inamullah Khan Title:DISTRICT MANAGER, KARACHI OMNIBUS SERVICE, KARACHI vs MOHAMMAD
ZAMAN And Another , . Case No.: Appeal No. KAR-960 of 1973 Date of Judgment:1974-03-15 Reported As: 1975 PLC 45 Result: N/A Judgment DECISION This is an appeal against an award of the learned Presiding Officer ot Labour Court No. II, Karachi, dated November 2, 1973, in an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter .called the Ordinance), whereby the learned Labour Court granted wages for the period from 9-12-1970 to 22-7-1971. On the face of it, the application under section 34 of the Ordinance was not maintainable, as the Labour Court was not the proper forum. The proper Court was the civil Court under the Payment of Wages Act. Moreover, the authority which had ordered his re-instatement had also power to treat the period of absence without pay. The respondent was absent from duty from 10-12-1970 to 22-7-1971. The appeal, therefore, must be allowed. The award of the learned Labour Court is set aside.