Case Details

Citation(s)
1985 SLG 1595 1985 SLD 1595 1985 PLC 141
Labour Appellate Tribunal, Punjab
Appeal No. LHR-305 of 1982/Pb., decided on 27th June, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PUNJAB URBAN TRANSPORT CORPORATION

VS

MUHAMMAD YAQOOB

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S.O.10-B(4)--"Workman"--Disability--Group Insurance Scheme--Employer is bound to get his employee insured for disability and in case of his failure to do so, remedy to workman is available under sub-clause (4) of Ordinance for getting insured. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S.O.10,B(4)--Workman--Group Insurance--Maxim 'ibi jus ibi re-medium--There can be no right where there is no remedy and in case where a workman has been given right under sub-clause (4) he has a right of remedy if that right is infringed. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S.O.10-B(1) & (4)--Workman--Disability--Clauses under S.O.10-13 (1) h (4), providing right and remedy to a workman in case of disability, to be read in conjunction. 1980 P L C 222; 1980 P L C 239 and 1978 P L C 363 ref. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.10-B(4)--Workman--Disability--Employer's responsibility to pay group insurance- Where employer fails to get permanent employee insured for natural death and disability, he is liable to pay that sum to him which would have been payable to him by insurance company if he had been insured. Zia Mahmood Mirza for Appellant. Date of hearing: 13th June, 1982. JUDGMENT In this appeal the decision dated 16-2-1982 passed by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi has been challenged, whereby he had accepted the grievance petition of the respondent and had directed the payment of group insurance. 2. It has been argued by the learned counsel for the appellant that in Standing Order 10-B(4) of Standing Orders Ordinance, 1968, group insurance for disability is not provided, therefore, the respondent was not entitled to it. I do not find any force in this argument. In Standing Order 10-B(1) it is clearly mentioned that the employer is bound to get his employees insured under the group insurance scheme for natural death and disability and death and…
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