PRESIENT, THE BANK OF PUNJAB vs AUTHORITY UNDER PAYMENT OF WAGES ACT, VEHARI S

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

PRESIENT, THE BANK OF PUNJAB VS AUTHORITY UNDER PAYMENT OF WAGES ACT, VEHARI S. 33---Payment of Wages Act (IV of 1936), S. 15---Civil Procedure Code (V of 1908), O.VII, R.11---Payment of overtime dues---Jurisdiction of forum, determination of---Respondents (bank employees) filed claim against the Petitioner/Bank for recovery of their overtime dues before the Authority appointed under Payment of Wages Act, 1936 ('the Authority')---Petitioner/Bank moved the Authority with an application under O.VII, R.11 of the Civil Procedure Code, 1908, for rejection of claim for want of jurisdiction, however, the Authority dismissed the said application---Contention of the Petitioner/ Bank was that National Industrial Relations Commission ('NIRC') had jurisdiction to adjudicate the matters relating to an organization spread outside the Province---Plea of the respondents/employees was that the NIRC could not entertain the matter of overtime dues---Held, that it was not the nature of dispute but the status of the employer which would be the determining feature for the purpose of gauging jurisdiction in matters related to dispute of labour---In respect of organizations and establishments that transcended provincial territorial boundaries, the provincial quasi-judicial labour forum(s) had no authority or jurisdiction to deal with labour disputes involving such organizations and establishments for the purpose of labour disputes; and claims rooted in labour law could only approach the NIRC and not any provincial forum---Claims preferred by the respondents/ employees before the Authority appointed under Payment of Wages Act, 1936, were not maintainable---High Court, set aside the impugned order rejecting applications filed under O.VII, R.11 of the Civil Procedure Code, 1908 and declared the same(order) to have no legal effect and allowed the said applications moved by the Petitioner/Bank---High Court observed that respondents/employees would be at liberty to approach the NIRC---Constitutional petition was allowed, in circumstances.

PRESIENT, THE BANK OF PUNJAB vs AUTHORITY UNDER PAYMENT OF WAGES ACT, VEHARI S — 2023 PLC 163 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 PLC