J.S. BANK LIMITED vs PROVINCE OF SINDH through Secretary, Labour and Employment, Karachi Ss — 2023 PLC 155 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC 155 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: J.S. BANK LIMITED vs PROVINCE OF SINDH through Secretary, Labour and Employment, Karachi Ss
Subject matter: Criminal
Provisions referred to: S. 33---C; S. 15; S. 2; Industrial Relations Act (X of 2012); Wages Act; Industrial Relations Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

J.S. BANK LIMITED VS PROVINCE OF SINDH through Secretary, Labour and Employment, Karachi Ss. 2(1)(b), 2(1)(d), 2(1)(i), 3 & 15---Industrial Relations Act (X of 2012), S. 33---Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims---Redress of individual grievances---Jurisdiction of forum established under special law---Scope---Petitioner assailed orders passed by the Authority appointed under subsection (1), S.15 of the Sindh Payment of Wages Act, 2015, in favour of respondent who was an Assistant Manager of the (petitioner) Bank---Validity---With regards the respondent not being a "workman" under the Sindh Payment of Wages Act, 2015, such views of the petitioner were not well founded as S.2(1)(b) of the Sindh Payment of Wages Act, 2015, included Bank in the list of Commercial Establishments and being an Assistant Manager, he also did not have powers to hire/fire nor was a person who could be considered to be in overall control of the Establishment, hence escaped from the explanation of "Manager" who was declared an incompetent to approach the Authority---Specialized law always overrode a general law and where Sindh Payment of Wages Act, 2015, was available specially for issues pertaining to wages adjudication of such grievance under Industrial Relations Act, 2012, as argued by the petitioner, or a different general law would be an abuse of process of law---Constitutional petition was dismissed.

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