Case Details

Citation(s)
1984 SLG 1499 1984 SLD 1499 1984 PLC 888
Labour Appellate Tribunal, Punjab
Appeals Nos. FD-1 and FD-2 of 1982, decided on 18th June, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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NAZIR AHMAD AND ANOTHER

VS

MESSRS KOHINOOR MILLS

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 10-B (4)-Claim of group insurance amount=Appeal against order of Commissioner for Workmen's Compensation­ Commissioner rejecting claim of heirs on plea that death of worker was not natural and was due to over intoxication-Chemical Exami­ner's report indicating insecticide belonging to chlorinated hydrocar­bon group-Neither Chemical Examiner nor. Doctor performing post­mortem examination examined before Commissioner-In absence of evidence that deceased worker voluntarily took some intoxicant, in circumstances, held, it could not be said that it was not a case of natural death-Deceased administered intoxicant by some one else, heirs, held, would be entitled to group insurance money ­Order of Commissioner, in circumstances, set aside by Labour Appellate Tribunal and case remanded for decision afresh after thorough inquiry. Sadiq Ali Hashmi for Appellants. - Naeem Bokhari for Respondent. Date of hearing : 12th June, 1983. JUDGMENT The appeals captioned above emanate from the orders, dated 12th December, 1981 passed by the learned Commissioner for Workmen's Compensation, Faisalabad, whereby the petitions for the recovery of group insurance amounts were dismissed. As the facts of the two appeals are common, they are being disposed of together. 2. Akbar Ali and Ashiq Ali were the employees of the respondent. They died on the night between 5th and 6th April, 1981. Nazir Ahmad, father of Asbiq Ali and Wali Muhammad, father of Xkbar Ali claimed group insurance amounts under Standing Order 10-B (4) of the Standing Order Ordinance, 1968. 3. Wali Muhammad stated in cross-examination in his own petition that both the deceased had taken liqour and eaten Laddoo (a sweetmeat). But Nazir Ahmad did not state so in his own petition. The learned Commissioner has held that the death of the deceased not being natural, their heirs are not entitled to any compensation as group insurance. The…
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