| Citation(s) |
|---|
| 1992 SLG 597 1992 SLD 597 1992 PLC 19 |
Lahore High Court
writ Petition No. 7976 of 1990, decided on 21st July, 1991.
RAJA AFRASIAB KHAN, J
Mehr Ghulam Rasool for Petitioner. Rana M. Arshad Khan AA.G. for
Respondents.
writ Petition No. 7976 of 1990, decided on 21st July, 1991.
RAJA AFRASIAB KHAN, J
Mehr Ghulam Rasool for Petitioner. Rana M. Arshad Khan AA.G. for
Respondents.
MUNICIPAL CORPORATION, FAISALABAD
VS
Mst. ALLAH RAKHI and others
Law:
Section:
(a) Workmen's Compensation Act (VIII of 1923)--- ----S.30---Appeal---Maintainability-- Appeal filed by employer was dismissed by Tribunal on ground that it failed to annex a receipt showing deposit of cash amount with grounds of appeal filed by employer---Employer submitted that a cheque for requisite amount was presented alongwith grounds of appeal and as such their appeal could not be dismissed by Tribunal on ground that amount was not paid---Presentation of a cheque alongwith grounds of appeal was not a valid tender as required by section 30 of Act VIII of 1923 and it was duty of employer to have deposited disputed amount in cash and challan form in support of deposit should have been annexed alongwith grounds of appeal with a view to meet requirement of law---That having not been done, appeal of employer was rightly dismissed-by Tribunal. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---No writ can issue in aid of injustice---Where no legal infirmity or jurisdictional defect in of Tribunal below was pointed out, such of Tribunal which allowed payment by employer to the legal heirs of deceased under Payment of Wages Act as group insurance could not be interfered with by High Court in exercise of Constitutional jurisdiction. Federation of Pakistan v. Haji M. Saifullah PLD 1989 SC 166; Nawab Syed Ronaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236 and Tufail Muhammad v. Raja M. Zia Ullah Khan PLD 1965 SC 269 ref. JUDGMENT The respondent Mst. Allah Rakhi widow ofAllah Rakha, Mst. Majidan Bibi widow of Boota Masih and Khurshid Masih son of Mand Masih, laid a claim before respondent No.4-Commissioner/Authority under Payment of wages Act, Faisalabad, for the payment of Rs.15,000, Rs.30,000 each as group insurance due to the death of their heirs vide, Annexures 'A, B, C' and 'D'. Mst. Allah Rakhi, respondent No.l based her claim for the recovery of money on the death of her son Yaqoob who was a Sanitary worker with the Majeedan Bibi asked for the recovery of the amount of insurance on the ground of death of her husband Boota who was a Sanitary worker. Similarly, Khurshid Masih respondent No. 3 laid a claim forβ¦
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