Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O.10-B---Scope---Provision of S.O.10-B(4) of Ordinance VI of 1968, when construed according to sense of statute and intention of legislature, would cover cases of natural death and disability referred to in S.0.10-B(1) of the Ordinance---Heirs of deceased workman who had died natural death, would thus, be entitled to get compensation as his heirs. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.2(1)---Workman---Connotation---Nature of work done by employee would be essential and fundamental consideration for determining whether employee was a workman or not---Deceased was not shown to be working at a managerial post---Defendant establishment having not produced relevant record as to nature of duties performed by deceased employee, adverse inference would be drawn against it---Deceased employee was, thus, deemed to be working as a workman. Messrs Dost Muhammad Cotton Mills Ltd., Karachi v. The Commissioner for Workmen's Compensation, West Division, Karachi and another 1980 PLC 248; Jannat Textile Mills Ltd. v. Commissioner, Workmen's Compensation, Hyderabad and another 1980 PLC 472; Muhammad Siddique v. Sindh Labour Appellate Tribunal, Karachi PLD 1979 Kar. 560 and General Manager, Hotel Intercontinental, Lahore and another v. Bashir A. Malik and others PLD 1986 SC 103 ref. (c) Civil Procedure Code (V of 1908)--- ----O.I, R.3---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.10-B---Entitlement to group insurance policy ---Non-joinder of Insurance Company---Effect---Deceased being permanent employee, defendant establishment was directly liable to pay group insurance amount even though defendant Lad complied with obligations contemplated under S.O. 10-B---Non-joinder of insurance company would not help defendant---Suit was not bad for non joinder of insurance company---Suit was decreed against defendant establishment. I.H. Zaidi for Plaintiff. Muhammad Naeem for Defendants. Dates of hearing: 16th December, 1985 and 16th October, 1986, JUDGMENT This suit has…

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