AMERICANO DRY CLEANERS Versus ABDUL RASHID AND ANOTHER

DECISION

This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated 28th February 1973, whereby the learned Court ordered the appellant to pay Rs. 1,176 to the respondent, Abdul Rashid within one month, towards his overtime wages. Abdul Rashid is employed by the appellant as a Driver. 'Abdul Rashid claimed that be was made to do overtime work, but had not been paid for the same. Mr. Masood Mirza, the learned Representative for the appellant, relied on the cross‑examination of the respondent, Abdul Rashid, in support of his contention that no overtime wages were payable to Abdul Rashid. The cross‑examination of Abdul Rashid reads as under:

"My actual working time is eight hours per day. The Manager, Mr. Yameen gives instructions for overtime work. There is no arrears of overtime."

2. The above is the only cross‑examination of Abdul Rashid. On the admission made by Abdul Rashid that no areas of overtime are due to him, it is surprising on what basis has the Court granted payment of overtime wages to Abdul Rashid.

3. Mr. Z. II. Chishti, the learned Representative for the respondent contended that there must be some omission in the cross‑examination of Abdul Rashid. I cannot, at this stage, allow a party to add anything to what is written by the Court himself in its handwriting. Moreover, the appellant took this point at its own earliest in the Memorandum of apperal. It is stated in the Memorandum of appeal that the Court has misread the evidence. I would allow the appeal and set aside the award of the learned Labour Court dated 28th February 1973.

Appeal Accepted