Case Details

Citation(s)
1997 SLG 590 1997 SLD 590 1997 PLC 102
Labour Appellate Tribunal, Punjab
Appeal No.GA-2 of 1995/Pb., decision dated: 22-05-1996
MIAN GHULAM AHMAD, CHAIRMAN

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MUNICIPAL CORPORATION, GUJRANWALA through Administrator

VS

Mst. SAKINA BIBI

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S. 2(t) & S.O. 10BGroup InsuranceDues on account of Group InsuranceEntitlementEmployees who were sweepers having died. Their widows claimed certain unpaid dues which deceased employees were entitled to get from employer on account of Group InsuranceEmployer denied the claimEmployees were working in the field in connection with water supply, cleaning of streets, disposal of dirty water running sewerage channel etc. Employer, thus was to be regarded as an Industrial Establishment and provisions of Factory Act, 1934 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would be applicable to the cases of employees and their legal heirs would be entitled to approach Commissioner, Workmen's Compensation for recovery of dues­Deceased employees would be treated as "workmen" and in absence of record with employer in proof of plea that employees had been daily wagers or temporary workers, no escape would be possible from assumption that they were permanent workersEmployees, thus, should not be deprived of their service benefits, privileges and rights guaranteed under law and minor technical lapse on part of claimants/widows of deceased employees in having approached concerned forum with some delay ought not to be made excuse to deny them their rightful duesEven otherwise employer must have sympathy with employees who were poor members of labour class, their widows and dependents must be preferred to accommodate and help them in a magnanimous and liberal way. Pervaiz Inayat Malik for Appellant. Sardar Muhammad Adeeb, Representative for Respondent. Date of hearing: 22nd May, 1996. JUDGMENT By this judgment, I shall be disposing of as many as five Appeals (Nos. GA2 to 6 of 1995), having been preferred on 251995 by the Municipal Corporation, Gujranwala, the respondent all being widow of sweepers etc., who had been serving the Corporation during their lifetime. Facts and legal issues involved are identical. 2. Claim was laid as regards certain unpaid dues, which the deceased employees were entitled to get from the employer, on account of Group…
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