| Citation(s) |
|---|
| 1987 SLG 1231 1987 SLD 1231 1987 PLC 536 |
Sindh High Court
Constitutional Petition No. S-137 of 1983, decided on 20th November, 1984.
MUHAMMAD ZAHOORUL HAQ, J
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Constitutional Petition No. S-137 of 1983, decided on 20th November, 1984.
MUHAMMAD ZAHOORUL HAQ, J
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Messrs H. NIZAM & SONS
VS
COMMISSIONER FOR WORKMENS COMPENSATION and another
Law:
Section:
(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--- ---Ss.37 & 42--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.10-B--Group insurance--Death of workman not as a result of employment injury but a natural death after prolonged illness--Contention that because of specific provisions of Ss.37 & 42 of West Pakistan Employees' Social Security Ordinance, 1965, S.0.10-B would be inapplicable, repelled-Held: (1) S.37 of Employees' Social Security Ordinance, 1965 is confined only to meagre payment upto -maximum of Rs.500 in favour of persons who provided funeral to deceased workman and as such has no similarity to S.0.10-B of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 where group insurance of Rs.15,000 is to be paid to heirs and (2) S.42 of West Pakistan Employees' Social Security Ordinance, 1965 does not apply as it provides for survivor's pension in case secured workman dies as a result of employment injury. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.10-B--Workmen's Compensation Act (VIII of 1923), S.10--Group insurance--Forum for--Such forum for settlement of claim of legal heirs of deceased workman would be Workmen's Compensation Commissioner and not the Labour Court--Contention that claim under S.10-B being a case of general grievance it should be taken up before Labour Court by way of grievance petition under S.25-A of Industrial Relations Ordinance, 1969, repelled--[P L D 1980 Quetta 87 dissented from]. P L D 1980 Quetta 87 dissented from. 1980 P L C 239 rel. Ch. Rashid for Petitioner. S.A. Channa for Respondent No.2. Date of hearing: 20th November, 1984. JUDGMENT This petition is directed against the orders of :Workmen's Compensation Commissioner, dated 30-5-1983 in which group insurance amount of Rs.15,000 was awarded to respondent No.2, Mst. Shamim Akhtar; as a widow of Abdul Ahad who had died in natural death while he was permanently employed by the petitioner from 1971 till his death on 16-1-1982. There are only two points urged by Mr. Ch. Rashid, one is that the provision of…
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