Law: Khyber Pakhtunkhwa Development Corporation Act, (XI of 1977)

Section: 25

Law: Workmens Compensation Act, 1923

Section: Preamble

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1 & S. O. 10-B---Workmen's Compensation Act (VIII of 1923), Preamble---Khyber Pakhtunkhwa Development Corporation Act, (XI of 1977), S. 25---Winch Operator died while in service---Recovery of group insurance amount---Application for recovery of group insurance amount was allowed by the Commissioner Workmen's Compensation---Contention of Employer Corporation was that employee was employed on temporary basis for a specified period and he was not entitled for insurance amount---Validity---Employee was appointed for 88 days but he had been performing duties against the post which was a permanent sanctioned post---Issuing appointment letter for 88 days on contract basis was to avoid statutory obligation by the corporation---Artificial break by the employer Corporation by issuing fresh appointment letter for appointment for 88 days and then issuing another fresh appointment letter for another 88 days was based on mala fide---Employer was bound to ensure all the permanent workmen who had been employed by it against (natural death and disability) death and injury arising out of contingencies not covered by Workmen's Compensation Act, 1923---Employer in all cases would be responsible for payment of amount of premium and for all administrative arrangements whether carried out by himself or through an Insurance Company---Where employer had failed to have a permanent workman employed by him insured and such employee suffered death or injury arising out of contingencies then he should pay in case of death to the heirs of such workman such sum and money as would have been payable by Insurance Company had such employee been insured---Deceased, in the present case, was permanent employee and employer Corporation was bound to insure him against natural death---Corporation by omitting to do so was liable to compensate the legal heirs of employee as provided under the law---Statutory rules of Corporation and its terms and conditions of service were silent with regard to appointment of Winch Operator---Said rules neither provided for contract employment nor catered to the eventuality as…

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