Summary The Lahore High Court has ruled that the Payment of Wages Authority cannot review its final decisions without explicit legal authorisation
LAHORE (Dunya News) – The Lahore High Court has held that the Payment of Wages Authority cannot reconsider its final decisions unless the relevant law expressly grants it the power to do so.
Justice Malik Javed Iqbal Wains issued the ruling while dismissing a constitutional petition filed by Ghulam Rasool Asim concerning a dispute over more than Rs900,000 in unpaid wages owed to a worker.
The court upheld the decision of the Payment of Wages Authority in Faisalabad, according to the reported judgment.
In its ruling, the court observed that the Payment of Wages Act, 1936, does not expressly empower the authority to review its final decisions. Such a power cannot be assumed or inferred unless it is specifically provided for by law.
The court distinguished between setting aside an ex parte decision and reviewing a final decision delivered after hearing the parties on merit.
It noted that Rule 8 of the relevant rules allows an ex parte decision to be set aside in certain circumstances. However, the provision does not permit the authority to reopen a final decision reached after hearing both sides.
Appeal must follow legal procedure
The court also observed that a party with an available statutory remedy of appeal should ordinarily pursue that remedy rather than directly invoke the High Court’s constitutional jurisdiction under Article 199 of the Constitution.
According to the judgment, failing to file an appeal within the prescribed period and subsequently seeking review through a procedure not authorised by law cannot be used to bypass the established legal process.
The court further held that a constitutional petition cannot be used to avoid the legal requirements of an appeal, including the deposit of the prescribed amount where applicable.
It added that reassessing facts and evidence generally falls within the jurisdiction of an appellate forum rather than a constitutional court.
Legal limits emphasised
The judgment described the Payment of Wages Act, 1936, as an important law for protecting workers’ rights and providing a mechanism for resolving wage-related disputes.
However, it stressed that statutory authorities must exercise their powers within the limits set by law.
On these grounds, the Lahore High Court dismissed the petition filed by Ghulam Rasool Asim and maintained the decision of the Faisalabad Payment of Wages Authority.
