PAKISTAN RAILWAYS through Divisional Superintendent, Multan DIVISIONAL
This matter concerns a petition for leave to appeal filed by Pakistan Railways against a decision regarding the fixation and entitlement of pay under the Pay Revision Rules. The core legal question presented for the Court's consideration is whether the jurisdiction to determine disputes regarding the fixation or entitlement of pay under the Pay Revision Rules rests exclusively with the Labour Court, or whether the Authority appointed under the Payment of Wages Act 1936 possesses the requisite jurisdiction to adjudicate such matters. The Supreme Court, in granting leave to appeal, recognized the significance of this jurisdictional conflict. The Court ordered that these petitions be heard alongside Civil Petition for Leave to Appeal No. 705 of 1983, which involves similar questions of law. The Court further noted that the hearing would be subject to the issue of limitation arising in certain petitions, granting the parties liberty to file additional documents to assist in the final determination of the jurisdictional scope of the Authority under the Payment of Wages Act 1936 versus the Labour Court.
- Does the Authority under the Payment of Wages Act 1936 have jurisdiction to determine disputes regarding the fixation or entitlement of pay under the Pay Revision Rules?
- Is the determination of pay entitlement under the Pay Revision Rules a matter exclusively reserved for the Labour Court?
- Payment of Wages Act 1936
ORDER
SHAFIUR RAHMAN, J.---Learned counsel for the Petitioner contends that the jurisdiction with regard to fixation/entitlement of Pay under Pay Revision Rules is a matter exclusively for the Labour Court to determine and not for Authority under the Payment of Wages Act, and relies on leave granting order dated 13-8-1988 in Civil Petition for Leave to Appeal No,705 of 1983. (The Divisional Superintendent, Pakistan Railways, Multan v. Sardar Muhammad and 39 others).
2. Leave is granted in all these Petitions subject to question of limitation arising in some of them. To be heard alongwith C.P.LA. No,705 of 1983 on present record with liberty to the parties to file additional documents.