LHC Rules Payment of Wages Authority Cannot Review Final Decisions Without Legal Authority

The Lahore High Court (LHC) has ruled that the Payment of Wages Authority cannot revisit its final decisions unless the law specifically authorises it to do so.

Justice Malik Javed Iqbal Wains announced the decision while dismissing a constitutional petition filed by Ghulam Rasool Asim in a dispute involving more than Rs900,000 in unpaid wages owed to a worker. The court upheld the ruling previously issued by the Payment of Wages Authority in Faisalabad.

In its judgment, the court noted that the Payment of Wages Act, 1936, contains no explicit provision allowing the authority to review its final decisions. It emphasised that such a power cannot be presumed or interpreted as existing without a clear legal basis.

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The court also clarified the difference between setting aside a decision made in the absence of one party and reviewing a final ruling delivered after both sides have been heard on merit.

It observed that Rule 8 of the relevant rules permits an ex parte decision to be set aside under certain circumstances. However, this provision does not authorise the authority to reopen a final decision reached after hearing both parties.

The court further observed that when the law provides a specific right of appeal, the affected party should normally use that remedy instead of directly approaching the High Court under Article 199 of the Constitution.

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According to the judgment, a party cannot allow the prescribed appeal period to expire and then seek a review through a procedure that the law does not permit in an attempt to avoid the established legal process.

The court added that constitutional jurisdiction cannot be used to bypass the requirements attached to an appeal, including the deposit of the prescribed amount where applicable.

It also pointed out that examining facts and reassessing evidence generally fall within the authority of an appellate forum, rather than a constitutional court.

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The judgment recognised the Payment of Wages Act, 1936, as an important legal framework for protecting workers’ rights and resolving disputes over unpaid wages.

However, it stressed that statutory bodies must operate strictly within the powers granted to them by law.

In light of these findings, the Lahore High Court dismissed Ghulam Rasool Asim’s petition and upheld the decision of the Payment of Wages Authority in Faisalabad.

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