1999 PLP 423 (PLC)
MUKHTAR ALI Versus Messrs ADNAN AUTO CORO MILLS and 2 others
| Citation | 1999 PLP 423 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Dr. Tanzil-ur-Rahman, Chairman |
| Parties | MUKHTAR ALI Versus Messrs ADNAN AUTO CORO MILLS and 2 others |
| Primary Law | Workmen's Compensation Act (VIII of 1923) |
Q1: What are the key laws and sections cited in 1999 PLP 423 (PLC)?
This judgment primarily cites: Workmen's Compensation Act (VIII of 1923) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 423 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Dr. Tanzil-ur-Rahman, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 423 (PLC) (MUKHTAR ALI Versus Messrs ADNAN AUTO CORO MILLS and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rafiullah for Appellant.
- I have heard Mr. Raftullah. Advocate for the appellant.
Headnotes / Summary
S. 30 & Sched. IV
Employee who was injured during course -of his employment under employer, claimed amount of compensation consisting of medical expenses incurred by employee on his treatment supported by vouchers and also amount of compensation under Sched. IV of Workmen's Compensation Act, 1923-- Commissioner for Workmen's Compensation ordered deduction of about half of the amount claimed by employee
Amount so deducted in fact was amount of unpaid salary of employee which was settled before Labour Officer and Inspector of Factories which had nothing to do with claim made by employee under Workmen's Compensation Act, 1923
Employer was ordered to pay full amount to employee as claimed by him.
Judgment & Decree
Rafiullah for Appellant. This is an appeal under section 30 of the Workmen's Compensation Act, 1923 against the order dated 23‑4‑1998 passed by the learned Commissioner for Workmen's Compensation West Division, Karachi in Case No.6 of 1998 filed by the appellant against the respondent claiming a sum of Rs.10,737 (Rupees Six thousand as compensation of incapacity of work being equivalent to 6% of incapacity as certified by the Certifying Surgeon under the aforesaid Workmen's Compensation Act. and Rs.4,737 towards medical expenses). The learned Commissioner for Workmen's Compensation ordered for payment of Rs.5,737 (after deducting a sum of Rs.5,000 as already received by the appellant before Labour ‑Officer and Inspector of Factories concerned on 27‑11‑1997). I have heard Mr. Raftullah. Advocate for the appellant. It appears that the learned Commissioner for Workmen's Compensation has erred in deducting the amount of Rs.5,000 out of a total p of Rs.10,737 as claimed in the application. The amount claimed in the application relates to Rs 4,737 being the medical expenses supported by as many as 27 vouchers incurred by the appellant on his treatment for the injury caused to his right hand on 10‑7‑1997 at about 12‑30 p m while operating Carding Machine arising out of and in the course of his employment which resulted in personal injury and as such bone of the middle, index and ring fingers of the right hand were broken while other portion of the said hand was seriously injured for which Rs.6,000 were claimed by the appellant' being the amount of compensation under Schedule IV of the Workmen's Compensation Act, 1923. The amount deducted by the learned Commissioner, in fact represented the amount of unpaid salary which was settled before the Labour Officer and Inspector of Factories concerned and has nothing to do with the claim made by the appellant under the Workmen's Compensation Act. The appeal is therefore allowed and the respondent is ordered to pay Rs.10,
737. The. order of the learned Commissioner is modified accordingly. The learned Commissioner is directed to take necessary steps for the recovery of the said amount as provided in law, as expeditiously as possible. Announced in open Court this the 14th clay of January, 1999. H.B.T./300/K/Lab. (Trib.) Appeal allowed.