2006K2228 (PLP)
Mst. SADDAT BIBI Versus Messrs M.F.M.Y INDUSTRIES LTD.
| Citation | 2006K2228 (PLP) |
| Forum / Court | Karachi High Court |
| Bench Members | Muhammad Moosa K. Leghari, J |
| Parties | Mst. SADDAT BIBI Versus Messrs M.F.M.Y INDUSTRIES LTD. |
| Primary Law | West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) |
Q1: What are the key laws and sections cited in 2006K2228 (PLP)?
This judgment primarily cites: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006K2228 (PLP)?
The case was heard and decided by the Karachi High Court bench comprising: Muhammad Moosa K. Leghari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006K2228 (PLP) (Mst. SADDAT BIBI Versus Messrs M.F.M.Y INDUSTRIES LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Farid Gul Khan for Petitioner.
- Chaudhry Muhammad Ashraf Khan for Respondent.
- Date of hearing: 1st February, 2006.
Headnotes / Summary
S.O. 10-B(5)
Payment of Wages Act (IV of 1936), S.15
Workmen's Compensation Act (VIII of 1923), Preamble
Constitution of Pakistan (1973), Art.199
Constitutional petition
Claim of workman or his heirs for recovery of money
Employee having died during course of his employment, his widow filed a claim under S.O.10-B of West' Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
Claim of widow was rejected on ground that Authority appointed under Payment of Wages Act, 1936 could only adjudicate claims of those persons who were drawing wages upto 3000 per month and that since deceased was drawing Rs.4100 as wages per month, Authority was not competent to adjudicate application of widow
View so expressed was totally misconceived and against the law--All claims of workman or his heirs for recovery of money would be settled in the same manner as provided for determination and recovery of compensation under Workmen Compensation Act, 1923
For seeking relief under S.O.10-B of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, either claimant himself should be a `workman' or his legal heirs and provisions of Payment of Wages Act, 1936 would have no applicability in the matter
Dismissal of application of widow of worker by Commissioner, Workmen's Compensation Act, 1923 was unwarranted by law
Impugned order being without lawful authority, was declared void and quashed by High Court accordingly.
Judgment & Decree
MUHAMMAD MOOSA K. LEGARI, J
This petition is directed against the order dated 15-9-197 passed by Commissioner for Workmen's Compensation and Authority under the Wages Act (West Division) Karachi.
2. Briefly stated that the facts as appearing in the petition are that the petitioner is a widow of deceased Shazaman who was employed with the respondent. He died during the course of his employment on 28-3-1995. Accordingly the petitioner widow filed a claim before respondent No.2 under Standing Order 10-B of the West Pakistan Industrial Commercial Employment Standing Orders Ordinance 1968.
3. The application of the petitioner was dismissed by respondent No.2 on the ground that an authority appointed under the Payment of Wages Act 1936 can only adjudicate cases/claims of those persons who are drawing wages upto Rs.3000 per month and the since the deceased was drawing wages of Rs.4100 per month, therefore, the Authority was not competent to adjudicate the application.
4. Arguments of learned counsel for the parties have been heard, and the impugned order has been scrutinized.
5. View expressed by respondent No.2 on the face of it is totally misconceived and against the law. Admittedly the petitioner has filed her claim before the Commissioner Workmen's Compensation by invoking the provisions of clause (5) of Standing Order 10-of the West Pakistan Industrial and Commissioner Employment (Standing Order) Ordinance, 1969 which provides that all claims of workman or his heirs for recovery of money shall be settled in the same manner as is provided for the determination and recovery of compensation under the Workmen Compensation Act, 1923. For seeking relief under Standing Order 10-B either the claimant himself should be a "workman" or a legal heir of a workman as defined in the Standing Orders Ordinance; and that the provisions of Payment of Wages Act, 1936 would have no applicability in the matter.
6. It was candidly and very fairly conceded on behalf of the respondent No.1 that dismissal of the application of the petitioner by Commissioner Workmen's Compensation Act, on this count was unwarranted by law.
7. In the circumstances, impugned order being without lawful authority is declared void and quashed accordingly. Matter is remanded. Application of applicant shall be deemed to be pending before the commissioner who shall decide the same after hearing the parties strictly in accordance with law. Commissioner is directed to dispose of the case as expeditiously as possible preferably within a period of foul: months from the date of communication of this order. H.B.T./S-13/K Order accordingly