2001 PLC 377 (PLP)
Messrs METROPOLITAN STEEL CORPORATION LTD., KARACHI Versus Mst. NAJMA KHATOON and another
| Citation | 2001 PLC 377 (PLP) |
| Forum / Court | Sindh Labour Appellate Tribunal |
| Bench Members | Munawar Ali Khan, Chairman |
| Parties | Messrs METROPOLITAN STEEL CORPORATION LTD., KARACHI Versus Mst. NAJMA KHATOON and another |
| Primary Law | Workmens' Compensation Act (VIII of 1923)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLC 377 (PLP)?
This judgment primarily cites: Workmens' Compensation Act (VIII of 1923)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLC 377 (PLP)?
The case was heard and decided by the Sindh Labour Appellate Tribunal bench comprising: Munawar Ali Khan, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLC 377 (PLP) (Messrs METROPOLITAN STEEL CORPORATION LTD., KARACHI Versus Mst. NAJMA KHATOON and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Yaqoob for Appellants.
- Muhammad Ayub for Respondents.
- Date of hearing: 19th February, 2001.
Headnotes / Summary
‑‑‑‑S.30‑‑‑Appeal, maintainability of‑‑‑Cheque in respect of amount payable under the order appealed against was dishonoured and employer had failed to produce any other evidence showing that the requisite amount was paid in cash or by second cheque‑‑‑In absence of certificate by the Commissioner to the effect that employer had deposited with him an amount payable under the order appealed against, appeal filed by employer was not maintainable. Badarul Haq Solangi for the Workmen's Compensation.
Judgment & Decree
S.M. Yaqoob for Appellants. Muhammad Ayub for Respondents. Badarul Haq Solangi for the Workmen's Compensation. Date of hearing: 19th February, 2001. This is an appeal under section 30 of Workmens' Compensation Act, 1923 from the order, dated 15th May, 2000 of the Commissioner for Workmens' Compensation and Authority under the Payment of Wages Act, East Division, Karachi. The third proviso to section 30 of Workmens' Compensation Act reads as under:‑‑ "Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. " It is clear from the proviso that appeal is not maintainable unless, it is accompanied by certificate by the Commissioner to the effect that the appellant has deposited with him an amount payable under the order appealed against. It has come to my notice that the said amount has been deposited by cheque which has been dishonoured by the Bank. This is the Statement of Commissioner Mr. Badarul Haq Solangi in open Court. Mr. S.M. Yaqoob the learned counsel for the appellant has also not denied that the Cheque was dishonoured by the Bank. He however insists on the Receipt Annexure‑A/ 19 given to him by the Commissioner showing as if the requisite amount has been deposited with the Commissioner. No doubt the said Receipt does not disclose that any Cheque was deposited for the requisite amount or that said Cheque was dishonoured. But as pointed out above it is not denied by the learned counsel for the appellant that Cheque had been deposited for the amount to be paid. The Commissioner has produced Bank Slip which clearly shows that the Cheque Exh.'X' in the case file was dishonoured by the Bank (UBL) on which it was drawn on 10‑7‑2000. This is a clear proof of dishonouring of the Cheque. The learned counsel for the appellant has not been able to produce any other evidence showing that the requisite amount was paid in cash or by second cheque. Since the Cheque by which the amount was deposited had been dishonoured it in effect means that as if the amount in question had not been deposited in compliance with the legal provisions referred to above. This being the position the appeal is not maintainable which is accordingly dismissed as not maintainable. H.B.T./37‑K/(L. trib.) Appeal dismissed.