Case Details

Citation(s)
1981 SLG 2371 1981 SLD 2371 1981 PLC 757
Labour Appellate Tribunal, Sindh
Appeal, No. WCK-5 of 1980, heard on 20th September, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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DISTRICT MANAGER, SIND ROAD TRANSPORT CORPORATION, HYDERABAD

VS

SODHAL SHAH

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 10-B [as inserted vide Labour Laws (Amendment) Ordinance (IX of 1972) and amended vide Act XI of 1976)--Provisions of S. O. 10-B-Prospective-Not retrospective-Worker dying of natural death in March, 1972 prior to promulgation of Labour Laws (Amendment) Ordinance, 1972 claim of heirs of deceased workman for compensation towards Group Insurance scheme, held, not maintainable. Jannat Textile Mills v. Commissioner, Workmen's Compensation, Hyderabad 1980 P L C 472 rel. Raes M. Mushtaq for Appellant. Nemo for Respondent. Date of hearing : 20th September, 1980. ORDER This appeal is directed against the order passed by the learned Commissioner, Workmen's Compensation, Hyderabad, on 17th January, 1980, awarding compensation amount of Rs. 8,000 under Standing Order 10-B, to the heirs of one Sher Ali Shah, who was an employee of the respondent corporation. 2. It is common ground that Sher Ali Shah died on 30th March, 1972. However, Standing Order 10-B, making the employer liable to ensure his permanent workman under the Group Insurance Scheme and in the case of failure to do so, requiring him to pay compensation to the workman, or in case of his death, to his heirs, was brought on the Statute Book by Ordinance IX of 1972, which was promulgated on 7th September, 1972. In other words, the death of Sher Ali Shah was prior to the enactment of Standing Order 10-B and hence the respondent corporation cannot be made liable under the law which was prospective in operation and came into force after the death in respect of which the compensation has been awarded. Moreover, Standing Order 10-B, as it was originally enacted, did not cover natural death and disability. Provision in this behalf was made in…
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