Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, (VI of 1968)-- -----S. O. 10-B(4) & (5) read with Workmen's Compensation Act (VIII of 1923), Ss. 21 & 22--Compulsory group insurance-Compensation, payment of -- Procedure - Jurisdiction - Subsection (5) of S. O. 10-B-Simply relates to procedure to be adopted by Labour Court while dealing with application under S. 10-B-Provisions, held, does not confer jurisdiction on Commissioner under Workmen's Compensation Act, 1913 to decide claim. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, (VI of 1968)- -- S. O. 10-B(4)-Disability due to disease--Liability to pay compensation for failure to get permanent workman insured-Confided to workmen suffering death or injury and not extended to disability arising out of some disease. (e) Interpretation of statutes-- Lacuna in statute--Cannot be filled in by Courts-Courts bound to interpret law and enforce it as it stands. M.A. Khan for Appellant. Mughees Ahmed Samdani for Respondent Date of hearing: 6th August 1977 DECISION This is an appeal against the order of the Labour Court allowing a sum to Re. 20.000 to the respondent under the Group Insurance Scheme. 2. The respondent was in the permanent employment of the appellant. During the course of his employment he fell ill and on 23rd February. 1976 he was declared totally disabled from performing his duties by the Medical Officer as he wav said to, be suffering from Asthma. The respondent claimed a sum of Re. 15,000 by an application dated 22nd April, 1976 under the Group Insurance Scheme but it was refused on the ground that the provisions of Standing Order 10-B of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance was not applicable. After service of grievance notice the respondent approached the Labour Court under section 25-A, I. R. O. claiming Rs. 20,000 under the group Insurance Scheme. The application wars resisted and it was pleaded that the West Pakistan Standing Orders Ordinance was not applicable and the application under section 25-A, I. R. O was not maintainable. 3. Evidence was recorded. On the assessment of the…

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