ATEEQ AHMED Versus ASSISTANT COMMISSIONER, KARACHI WEST, KARACHI

1. Respondent No. 3 filed an application under section 15 of the Payment of Wages Act before the Authority under the Act against Atiq Silk Factory, Aslam Compound Atma Ram Road, Plot No. 227, Block‑B, Shershah Colony, Karachi. Notice of this application, as it appears was delivered to M/s. Bismillah Silk Factory located within the premises situated in the Compound. Thereafter, one Amber Mehmood son of Taj Mehmood claiming to be occupier of Bismillah Silk Factory, recorded his objection regarding maintainability of the application filed by respondent No. 3. He stated that Bismillah Silk Factory had at no time employed respondent Rozi Hyder and that they were not Gable to pay the wages claimed by him. The Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act, (West Division), Karachi passed an order on 15‑11‑1991 holding M/s. Atiq Silk Factory to be responsible for payment of the claim of the wages filed by respondent No. 3 Rozi Hyder. He, however, observed that the owner of the Atiq Silk Factory has kept himself in the background and prompted M/s. Bismillah Silk Factory to lodge objections. Consequent upon passing of his order, the Assistant Commissioner, Karachi (West) by his notice dated 21‑10‑1991 has called upon M/s. Atiq Silk Factory to deposit the amount with the amount of penalty as ordered by the Authority.

2. The two petitioners namely Atiq Ahmed and Mst. Nargis Bano who are carrying on business in the name of Bismillah Silk Factory have filed the present petition under the Constitution against the order passed by the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act, and the notice issued by Assistant Commissioner, Karachi West for recovery of the amount.

3. Mr. Noor Muhammad, Advocate for the petitioner contends that in this case the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act has passed the order impugned in the petition without sorting out the dispute in the case. The petitioners have filed the petition to impugn ‑ the order passed against. Atiq Silk Mills Assistant Commissioner as he has been pursuing them for payment.

4. Mr. Rafiq Malik, Advocate for the contesting respondent No. 3 has pointed out that the Notice has been issued by the Assistant Commissioner, Karachi West to M/s. Atiq Silk Factory as the order for payment of wages is also passed against them. M/s. Atiq Silk Mills have not filed this petition and therefore, the petition is itself misconceived.

5. The application was filed by respondent No. 3 Rozi Hyder and had shown one "Atiq Ahmed of Atiq Silk Factor" as the respondent therein. The order has been passed by the Authority against M/s. Atiq Silk Factory. The order passed by the Authority refers to objections recorded on 13‑5‑1991 on behalf of M/s. Bismillah Silk Mills. The Authority the respondent No. 2 herein as it appears did not apply his mind to ascertain as to who is the person liable to pay the wages of respondent No. 3. Before recovery of the amount claimed by the worker is effected it will be necessary to first determine and find out the real person liable for payments.

6. In the circumstances mentioned above it will be only fair to declare the orders impugned in this petition to have been passed without any lawful authority and to be of no consequence. The petition is therefore allowed with no orders as to the costs and case remanded to respondent No. 2 who shall first determine the real person liable to pay the wages and decide the case afresh after hearing the parties and allowing them to adduce the evidence if they so desire.

7. H.B.T./A‑1356/K ?????????????????????????????????????????????????????????????????????????????? Petition allowed.