Case Details

Citation(s)
1989 SLG 1977 1989 SLD 1977 1989 PLC 860
Labour Appellate Tribunal, Sindh
Appeals Nos. HYD-401 to 426 of 1986, decided on 15th January, 1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Kamal Mansoor Alam for Appellant.

RAMAT FAROOO OF MESSRS MUHAMMAD FAROOQ AND CO.

VS

INSPECTOR OF FACTORIES, HYDERABAD

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 7(2) & S.O. 10-B(1)(4)--Non-insurance of workmen--Effect--Provisions of cl. (1) and cl. (4) of S.O. 10-B distinguished--Clause (4) provides for liability of employer in case of death of or injury to un-insured workman whereas cl. (1) makes insurance of all workers obligatory upon employer and its contravention is an offence punishable under S. 7(2). (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ...S. 7(2) & S.0.10-B--Word "act" appearing in S. 7(2) includes an act of omission--Plea that an omission of employer to get workmen insured would not be an act of commission hence would not amount to offence envisaged under S.7(2) repelled--Non-insurance of workmen being contravention of S.O. 10-B, held, would be an act of omission punishable under S. 7(2). (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance M of 1968)-- -------S. 7(2) & S.O. 10-B--Criminal Procedure Code (V of 1898), Ss. 243 & 412-­Contravention of S.O. 10-B in not getting insurance of workmen--Employer admitting charge by stating "workers had not been got insured"--Conviction order passed by Labour Court, held, involved no illegality. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 7(2)--Industrial Relations Ordinance (XXIII of 1969), Ss. 36(3) & 38(3)-­Criminal Procedure Code (V of 1898), Ss. 262 & 412--Criminal proceedings before Labour Court under S. 7(2) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Labour Court empowered to exercise powers of First Class Magistrate under S. 30 of Criminal Procedure Code, 1898 for summary trial--Appellate Tribunal also empowered to exercise powers of Labour Court and would have to follow provisions of. Criminal Procedure Code, 1898 in Appeal. DECISION By this decision I propose to dispose of 2'0> appeals as the facts as well as the points of law involved to all these appeals are similar. The brief facts of the case are that appellant is owner of his company…
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