THREE STAR HOSIERY MILLS (PVT.) LIMITED vs MUBARIK ALI 15 & 17 — 2024 PLC 217 LAHORE-HIGH-COURT-LAHORE

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THREE STAR HOSIERY MILLS (PVT.) LIMITED VS MUBARIK ALI 15 & 17---Constitution of Pakistan, Art.270-AA---Claims arising out of delay in payment of wages---Appeal, filing of---Failure to deposit decretal amount---Effect---Respondents filed applications before the Authority under the Payment of Wages Act, 1936, ('Act, 1946') for payment of their dues outstanding against the petitioner, which were allowed---Petitioner being aggrieved filed an appeal before the Labour Court, which was dismissed---Validity---Plain reading of proviso to S.17(1)(a) of the Act, 1936, manifested that no appeal under S.17 of the Act shall lie unless the memorandum of appeal is accompanied by a certificate of the Authority to the effect that the petitioner has deposited with the Authority, the amount payable under the direction appealed against---In the petitions, admittedly the petitioner neither deposited the amount payable as directed by the Authority nor appended with the appeals the required certificates---Thus, the Appellate Court had lawfully dismissed the appeals filed by the petitioners---Admittedly the Punjab Payment of Wages (Amendment) Act, 2014, was notified on 19.03.2014 and in said Amendment Act, the original proviso to S. 17(1)(a) of the Act, 1936 remained the same, therefore, not only before 19.03.2014, the condition prescribed in the proviso to S.17(1)(a) of the Act, 1936 was applicable by virtue of Art. 270-AA (6) of the Constitution but even after the amendment through the Amendment Act, the same was applicable---Article 270AA(8) of the Constitution prescribed 13.06.2011 as the date to complete the process of devolution but it was not the cutoff date for validity of all law in respect of matters enumerated in the concurrent legislative list of the Constitution, which were to be governed under Art. 270AA(6) of the Constitution and shall continue to remain in force until altered, repealed or amended by competent authority---Therefore, mere fact that process of devolution was to be completed by 30.06.2011 under Art. 270-AA(8) of the Constitution, would not invalidate the Act, 1936 already in force, in view of Art. 270-AA (5) of the Constitution---Once the petitioner failed to file the appeal or deposit the amount due as required under proviso to S.17(1)(a) of the Act, 1936 and its appeals were lawfully dismissed for that reason, then those questions could not be agitated and examined in constitutional petitions---Petitions, being meritless, were accordingly dismissed.

THREE STAR HOSIERY MILLS (PVT.) LIMITED vs MUBARIK ALI 15 & 17 — 2024 PLC 217 LAHORE-HIGH-COURT-LAHORE

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