1988 SCMR 1911

DIVISION MANAGER (ZONAL), RICE MILLING CORPORATION OF PAKISTAN GUJRANWALA Versus KHUSHI MUHAMMAD

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Citation1988 SCMR 1911

CourtSupreme Court of Pakistan

Case No.Civil Petition No.706 of 1981

Date1988-07-06

Judge(s)Ghulam Mujaddid Mirza and Saad Saood Jan

Authored bySaad Saood Jan

ResultLeave granted

ORDER

1. SAAD SAOOD JAN, J.‑‑ This is a petition for special leave to appeal by the Rice Milling Corporation of Pakistan against the order dated 9‑5‑1981 of the Lahore High Court. Claiming themselves to be the employees of the petitioner, respondents No.1 to 210 moved an application before the Authority under the Payment of Wages Act, Gujranwala, for the recovery of the cost of living allowance as admissible to them under the Employees' Cost of Living (Relief) Act, 1973. The Authority accepted the application and directed the petitioner to pay the said allowance to them for the period falling between 1‑8‑1973 and 15‑4‑1977. The petitioner preferred an appeal before the Labour Court which was partially accepted as the claim of the said respondents for the period prior to 27‑4‑1974 was held to be barred by time. The petitioner then invoked the constitutional jurisdiction of the High Court to call in question the orders of the Labour Tribunal and the Authority. This petition was dismissed. The petitioner now seeks leave to appeal from this Court.

2. In support of this petition reliance is being placed on Section 3(2)(b), Rice Milling Control and Development (Repeal) Ordinance (XXX of 1977), which states:‑

2. "The ownership and management of the establishment, along with its assets and liabilities as on the day on which its possession is delivered, shall stand transferred to the persons in whom these vested immediately before the making of an order under section 5 of the repealed Act in respect of the establishment."

3. It is contended that after the return of the Rice Mills, the liabilities of the Corporation in respect of the wages of the employees were transferred to their previous owners and as such the Labour Court as well as the Authority were not competent to saddle the petitioner with the same. This contention needs examination. Leave to appeal in granted. Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. The direction with regard to the suspension of the impugned orders as directed by this Court on 20‑6-1981 to continue during the pendency of the appeal.

4. M.I./D‑24/S Leave granted.