DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS vs PRESIDING OFFICER, SIND
This matter arises from petitions concerning claims made and paid to private respondents for mileage allowance and recreation allowance as part of their pay. The core legal questions involve whether the respondents' claim is covered by the terms delayed wages or deducted wages under the Payment of Wages Act, 1936, and whether recreation allowance forms part of their monthly salary or pay in their particular grades. The Supreme Court noted that the questions raised are likely to govern a large number of cases and rendered an authoritative decision by granting leave, allowing the petitions, and directing that status quo be maintained regarding payments until the appeals are decided. The key principle established is that matters involving recurring wage disputes of this nature merit an authoritative pronouncement by the Court to govern pending and future cases.
- Whether respondents' claim is covered by the terms delayed wages or deducted wages as defined in sub-section (3) of section 15 of the Payment of Wages Act, 1936?
- Whether recreation allowance is a part of monthly salary or pay given to respondents in their particular grades of pay?
- Section 15(3), Payment of Wages Act 1936
ORDER
ADBUL KADIR SHAIKH, J.--The dispute in these petitions relates to what was claimed and paid to the private respondents as milage allowance along with recreation allowance as part of their pay.
The question of law raised in the petitions inter alia are as under:
(1) Whether respondents' claim as covered by the terms "delayed wages" or "deducted wages" as defined in sub-section (3) of A section 15 of the Payment of Wages Act, 1936.
(2) Whether recreation allowance is a part of monthly salary/pay given to respondents in their particular grades of pay.
3. Since the questions of law raised in these petitions are likely to govern large number of cases it is necessary to render an authoritative decision of this Court. Leave is granted and the petitions are allowed.
4. Petitions will be heard on the present record but it will be open to the parties to file additional documents, if any.
5. Status quo with regard to the payments of the disputed amount shall be maintained till the appeals are decided. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.