Judgment Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

 

C. P. No. S – 743 of 2018

                                                             Before :

                                                             Mr. Justice Muhammad Shafi Siddiqui

                                                             

 

 

Petitioners         :       Project Manager KEPCO,

through M/s Mukesh Kumar G. Karara and Sajjad Muhammad Zangejo Advocates.

 

Respondents 4-7:     through Mr. Jamshed Ahmed Faiz Advocate.

 

 

Date of hearing :      05.11.2018.

 

 

J U D G M E N T

 

MUHAMMAD SHAFI SIDDIQUI, J. : This petition impugns an order of Sindh Labour Court No.VII, Sukkur dated 28.08.2018 whereby application for condonation of delay in filing an appeal against an order dated 21.09.2017 was allowed. It is the case of the petitioner that the subject-matter being governed by special law, the Labour Court while hearing an appeal in respect of an application under Section 15 of the Payment of Wages Act, 1936 should not have condoned the delay as Section 5 of the Limitation Act is not applicable. He has relied upon Section 29 of the Limitation Act and submits that this provision of the Limitation Act would apply to a case being governed by special law and hence the provisions of the Limitation Act and in particular Section 5 of the Limitation Act would not come into play. He argued that thus by invoking the provisions as referred above, the Labour Court travelled beyond its jurisdiction and hence they have filed this petition challenging the jurisdiction of the Labour Court in exercising such powers.

 

2.         Learned counsel for the respondents, on the other hand, submits that the application was preferred under Section 15 of the Payment of Wages Act, 1936, however, after 18th amendment, the subject devolved in Province and the claim of the respondents is now governed under Sindh Payment of Wages Act, 2015. He submits that it provides a provision of appeal under Section 17, to be preferred with thirty (30) days, before the Labour Court constituted under IRA, 2013 before whose jurisdiction the cause of action to which the appeal relates arose. He submits that thus being empowered under IRA, 2013, the Labour Court considered the application for condonation of delay and was accordingly condoned.

 

3.         I have heard the learned counsel and perused the material available on record.

 

4.         The competence of this petition would be on the touchstone as to whether the jurisdiction was lawfully exercised by the Labour Court. In order to understand the discretion exercised by the Labour Court, it is to be seen whether the Labour Court was competent to consider the application of the respondents filed under Section 5 of the Limitation Act or under any provision of law for condoning the delay, if any. The application of the respondents was originally preferred under Section 15 of the Payment of Wages Act, 1936 which then transformed into an application under the Sindh Payment of Wages Act, 2015 after 18th amendment in the Constitution of Islamic Republic of Pakistan, 1973. The cases filed under the provisions of the Payment of Wages Act, 1936 were deemed to have been continued to remain in force and deemed to have been done, passed, taken, incurred, commenced, appointed, authorized, conferred, made or issued under the provisions of this Act. In terms of Section 29 of the Act of 2015, the application was thus deemed to be pending but under the provisions of the Act of 2015 with reference to Section 29. An appeal was then provided as a remedy of an order passed under the Act of 2015 before Labour Court constituted under IRA, 2013 within whose jurisdiction the cause of action to which the appeal relates, arose. It is not a question whether the order passed for condoning the delay is appealable or not, what is material for the purposes of deciding controversy is whether under the IRA, 2013, the Labour Court was competent to decide the application for condonation of delay. Section 45 (4) of the Sindh Industrial Relations Act, 2013 provides that Labour Court shall adjudicate and determine an industrial dispute which has been referred to or brought before it under the Act. The Award and decision of the Labour Court was appealable before the Labour Appellate Tribunal under Section 48 of the IRA, 2013. The appeal as such in respect of an order passed under the Sindh Payment of Wages Act, 2015 is appealable by Labour Court constituted under the Act of 2013 and in terms of Section 77, the provisions of Section 5 of the Limitation Act, 1908 were made applicable in computing the period within which an application is to be made or any other thing to be done under this Act. The issue may have been governed by special law i.e. the Sindh Payment of Wages Act, 2015 and Sindh Industrial Relations Act, 2013 but the provisions of Section 5 of the Limitation Act were made applicable in computing the period.

 

5.         In view of the above, the petition has no force and is dismissed accordingly.

 

 

 

 

 

                                                                                _______________

                                                                                                 J U D G E

 

N.M.