Case Details

Citation(s)
1991 SLG 439 1991 SLD 439 1991 PLC 479
Sindh High Court
Constitutional Petition No. S-27 of 1989, decision dated: 22-05-1990.
SYED HYDER ALI PIRZADA, JJ
Munawar Malik for Petitioner. Nemo for
Respondents.

UNITED WOOLLEN MILLS LTD.

VS

COMMISSIONER FOR WORKMENS COMPENSATION AND AUTHORITY UNDER THE PAYMENT OF WAGES ACT and another

Law:

Section:

(a) West Pakistan Social Security Ordinance (X of 1965)--- ----S. 67---Group Insurance---Claim---Ordinance dealing with special subjects namely for providing benefits to certain employees or their dependents in the event of sickness, maternity, employment injury or death was a beneficial enactment---Provisions of Ordinance create new rights and obligations and prescribe mode of its enforcement and enjoyment. (b) Interpretation of statutes---- ---- When a statute creates new rights and obligations and prescribes the mode of its enforcement, such provisions are considered mandatory and legislature intends compliance of such provisions to be essential to the validity of the act or proceedings. (c) West Pakistan Social Security Ordinance (X of 1965)--- ----S.67---Group Insurance, claim for---Provisions of section 67 are mandatory. (d) West Pakistan Social Security Ordinance (X of 1965)--- ----S. 67---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 10-B & 11-A---Compensation---Factory of petitioner was closed down by him after seeking permission under provisions of Standing Order 11-A and services of workers including respondent No. 2 were terminated---Commissioner for Workmen's Compensation and Authority under Payment of Wages Act, entertained application of respondent and awarded her claim for compensation---Such order of awarding claim was without jurisdiction and a nullity in eye of law as Commissioner had no jurisdiction to entertain and adjudicate upon matter brought before him. Date of hearing: 16th October, 1989. JUDGMENT The petitioners through this petition have prayed the following reliefs:-- "It is, therefore, prayed that this Honourable Court may graciously be pleased to declare the impugned order dated 1-3-1989 passed by respondent No. 1, as without any legal or lawful authority, of no legal effect and non-existent in the eyes of law and to pass such further order or orders as it may deem fit and proper in the circumstances of the case." The facts leading to the filing of the above petition are that the petitioners are running an establishment in the name of United Woollen Mills Ltd., at E-15,…
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