Case Details

Citation(s)
2016 SLG 2835 2016 SLD 2835 2016 PLC 436
Labour Appellate Tribunal, Sindh

ALI MUHAMMAD BALOCH, MEMBER
Mehboob Qureshi, Representative for Appellant. Abdul Ghani Khan for
Respondents.

SHAH MUHAMMAD

VS

MESSRS SAPPHIR TEXTILE MILLS LTD. THROUGH NOTIFIED MANAGER

Law:

Section:

Workmen's Compensation Act (VIII of 1923)--- --------Sections 8 & 10-B---Payment of Wages Act (IV of 1936), S.15---Claim for compensation on account of alleged disability---Employee had obtained "B-2 Form" for medical treatment from the Social Security Hospital---Doctor declared the employee fit to resume duty, and he joined the duty---Employee again proceeded on social security leave, and remained on leave; thereafter employee was absent from duty, and instead of joining service, he filed application before Authority, whereby he claimed Rs.200,000 on account of his alleged disability, which claim was not accepted being illegal and mala fide---Employee, had contended that he was a heart patient---Validity---Heart disease, these days, could be cured by treatment; and it did not necessarily prevent a patient from work---Employee, had not suffered due to his work in the employer's Mill---Employer Mill or any institution, could not be held responsible for the disease and to pay him amount of Rs.200,000 as compensation---Case of the employee on the same issue had already been dismissed; his present application suffered from the principle of 'res judicata'---No reason existed to interfere in the impugned order passed by the authority---Appeal was dismissed. DECISION BY: ALI MUHAMMAD BALOCH, MEMBER:----------------- This appeal has come to this Tribunal challenging the order dated 31.1.2013 passed by the learned Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act, Hyderabad Region, in Application No.05 of 2010 under Section 8(1) 10-B of Workmen's Compensation Act, 1923 whereby the said application was dismissed. I have heard Mr. Mehboob Qureshi learned Representative for the appellant and Mr. Abdul Ghani Khan learned Counsel for the respondent textile mills and they have also submitted their written synopsis. I have gone through the case file as well as the arguments led by both parties learned Representative/Counsel. Briefly the facts of the case are that the appellant had joined the employment in the respondents mill on 27.7.2007. The appellant had obtained "B-2 Form" for medical treatment from the Social Security Hospital. The…
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