Law:

Section:

Workmen Compensation Act, 1923-- ----Schedule III--Mining Industry--Constitution of Pakistan, 1973, Art. 199--Workman attrating occupational disease claim of compensation "Pulmonary Kock" Disease not falling in Schedule of Statute Workman contracted a serious lungs namely "Pulmonary Kock", as per recommendations of medical board was declared unfit for service--Commissioner dismissed Workman's application compensation--Labour Appellate Tribunal held workman entitled for compensation remanded matter to commissioner for decision afresh--Challenge before High Court--During Employment, workman contracted a serious lungs disease namely "pulmonary kock" and he was declared unfit for service--Workman tendered claim of compensation, but same was declined with plea that said name of specific disease is not included in occupational diseases relating to workmen serving in mining industry--Right to health and medical care to protect one's health and vigour, while in service or post retirement, is a fundamental right of a worker to make his life meaningful and purposeful with dignity of person--Compelling necessity to work in an industry for bread wining for himself and his dependents should not be at cost of health and vigour of workman--Right to health includes right to live in a clean, hygienic and safe environment--Clean surroundings lead to healthy body and healthy mind--But unfortunately, many employees work in dangerous, risky and unhygienic environment--Every state has an obligation and duty to provide at least minimum condition ensuring human dignity--When workers are engaged in such hazardous and risky jobs, then responsibility and duty on state is double fold--Necessity for constant supervision and to drive to mitigate harmful effects on the workers is of extreme importance--Petition was dismissed. Mackinnon Mackenzie & Co. Private Ltd. v. Smt. Habiba Eusoof Karbelkar (1967 ACJ 188). THIS JUDGMENT DELIVERED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE---.--- Petitioner-company is aggrieved of judgment dated 25.10.2016, passed by learned Chairman, Labour Appellate Tribunal, Lahore ("Labour Appellate Tribunal"), whereby appeal filed by Respondent No. 1 was…

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