WATEEN TELECOM (PVT.) LIMITED vs ABDUL SATTAR KHOSO Ss — 2024 PLC 237 KARACHI-HIGH-COURT-SINDH

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WATEEN TELECOM (PVT.) LIMITED VS ABDUL SATTAR KHOSO Ss. 15(2) & 17---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Alternate remedy of appeal under S.17 of the Sindh Payment of Wages Act, 2015 ('Act') not exhausted---Some of the workers of a Trans-Provincial Entity filed an application on behalf of all others for payment of wages at the enhanced rate on the basis of a notification, which was allowed through the impugned decision---Objections as to jurisdiction of respondent-authority and maintainability of application remained unattended---Notification was subsequently set aside by the Supreme Court---Contentions of petitioner were that decision was taken by the respondent-authority in a slipshod manner without conducting inquiry under S. 15(3) of the Act as to the genuineness of claim; that entire amount awarded was deposited with the respondent-authority; that employer instead of challenging the decision of the authority opted to file a constitutional petition---Validity---Objection with regard to jurisdiction had not been dealt with in a proper manner in the impugned decision---Where two workers were pleading the case of other workers, it was necessary to hold an inquiry to verify the claim of purported aggrieved workers, which admittedly was not done---In the impugned decision it was stated that respondent had not disputed the applicability of Labour Laws, however, this finding was completely contrary to the record, in view of the above discussion, inter alia, that written objection with regard to jurisdiction was taken, which was not considered in the impugned decision properly---Constitutional petition was accepted, impugned decision was set aside and the case was remanded to respondent-authority for decision afresh.

WATEEN TELECOM (PVT.) LIMITED vs ABDUL SATTAR KHOSO Ss — 2024 PLC 237 KARACHI-HIGH-COURT-SINDH

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