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| Labour Appeal format Pakistan |
BEFORE
THE
________________________________
Appellant
Versus
________________________________
Respondent
APPEAL UNDER SECTION
17 OF THE PAYMENT OF WAGES ACT 1936
AGAINST THE JUDGMENT AND DECREE DATED __________PASSED BY THE LEARNED
WAGES COMMISSIONER AUTHORITY APPOINTED UNDER PAYMENT OF WAGES ACT, WHEREBY CLAIM OF PRESENT RESPONDENT/ APPLICANT HAS BEEN PARTIALLY
ACCEPTED.
CLAIM IN APPEAL
To set aside judgment and decree dated
Respectfully Sheweth:
1.
That
the respondent filed an application/petition before the Authority for recovery
of Rs. 1,430,157/- under section 15(2) of the payment of wages Act 1836 against
the appellant. The claim of respondent/
petitioner rest upon gratuity of Rs. 1,299,845/-,
provident fund of Rs. 75,740/-. That thereafter the respondent/ appellant were
served with a notice and compliance with the notice. Respondent/ appellant appeared
before the authority and submitted written reply on
2.
That
the basis of pleadings from both sides,
learned Wages Commissioner was please to frame following issues:-
i.
Whether
the petition is not maintainable? OPR.
ii.
Whether
the petition of petitioner is false, frivolous and baseless?
iii.
Whether
the petitioner is entitled to his claim? OPA.
iv.
Whether
the claim of the petitioner is entitled to his claim? OPR.
v.
Relief.
3.
That
thereafter respondent/appellant filed
petition/application for framing of additional issues and after hearing
application was allowed and additional two issues were also framed vide order
dated
i.
Whether
the petitioner is entitled for gratuity, if so. to what extent? OPA.
ii.
Whether
the calculation of gratuity as per claim is correct? OPR
4.
That
the petitioner appeared as PW1 and submitted his affidavit and deposed that he
worked as driver in the respondent establishment in the year 1995 and retired from
service on
5.
On
the contrary, _____Assistant HR Executive appeared as RW-1 on behalf of respondent/ appellant and also
tendered certain documents which include ExR-1 General Power of Attorney (5
Pages), ExR-2 Authorization Letter , ExR-3 Affidavit, ExR-4 Pay Slip of August
2018, ExR-5 Financial undertaking dated 31-08-2018, ExR-6 Service Agreement (4
page), ExR7 Service Termination Letter, ExR-8 Final Undertaking, ExR-9 Service
Agreement dated 07-06-1995 (2 page), ExR-10 Final Settlement and minute sheet
(2 pages), Mark A Pay Slip July 2018, Mark B Sheet Leave enacashment (6 Pages) and
closed his evidences.
6.
That
after leaving both the parties learned
Wages Commissioner was pleased to accept partial claim of respondent/
petitioner in terms of Rs. 100,5008/-.
7.
That
being aggrieved from Judgment and decree dated
GROUNDS
a)
That
the impugned judgment and decree dated
b)
That
the learned Wages Commissioner has passed the judgment without appreciation of
law and evidence, thus, the impugned
judgment and decree is unwarranted under the law.
c)
That
the learned Wages Commissioner did not give any finding on additional issues
framed on
d)
That
the learned Wages Commissioner completely ignored the evidence led by the
present appellant.
e)
That
the findings of the learned Wages Commissioner are also the result of gross
misreading and non reading of evidence available on the record.
f)
That
the learned Wages Commissioner failed to appreciate properly the pay slip and
service agreement which clearly demonstrate that basic salary was Rs. 20,000/-
while granting gratuity ignored this important aspect that other benefits does
not come under the definition of wages as provided under the law.
PRAYER:
Under the circumstances, it is respectfully prayed that the
appeal may kindly be accepted and claim of present respondent may kindly be
dismissed.
Any other relief, which this Honourable Court deems fit and
proper be also awarded to the appellant.
Appellant
Through
As
per information received, it is certified that this is the first Appeal on
the subject matter being moved before this Honourable Court.
Counsel