PAKISTAN RAILWAYS, Through The District Controller Of Stores, Shop Depots
This matter concerns a petition for leave to appeal filed by Pakistan Railways against an order regarding the entitlement of employees in the Stores Department to be classified as running staff. The core legal questions presented for the Supreme Court's consideration are twofold: first, whether the Authority appointed under the Payment of Wages Act, 1936, possesses the requisite jurisdiction to adjudicate upon disputed questions of entitlement; and second, whether employees specifically engaged in the Stores Department can be legally equated with running staff operating on the open line. The Supreme Court granted leave to appeal to examine these issues, noting that similar petitions involving the same legal questions had already been admitted for hearing. Consequently, the Court ordered that the appeal be prepared for an early hearing alongside connected matters to resolve the dispute affecting a large number of employees. Pending the final adjudication of the appeal, the Court suspended the operation of the impugned order, subject to all just exceptions, thereby maintaining the status quo until the matter is fully heard and decided.
- Does the Authority under the Payment of Wages Act 1936 have jurisdiction to determine entitlement when the question is disputed?
- Can employees of the Stores Department be legally equated with running staff on the open line?
- Payment of Wages Act 1936
ORDER
SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine the following questions of law in particular:--
(1) Whether the Authority under the Payment of Wages Act had the jurisdiction to determine the entitlement where it was a disputed question?-- C.Ps. Nos.564 to 569 of 1985 etc. Titled Pakistan Railways v. The Presiding Officer, Punjab Labour Court No.9, Multan and others, etc. Have already been admitted to consider this question.
(2) Whether the respondents could be equated with running staff, on open line when in fact they were employed in the Stores Department?
2. As a large number of employees are involved, this Appeal be made ready for hearing at an early date with connected matters.
3. The impugned order is suspended meanwhile subject to all just exceptions.