| Citation(s) |
|---|
| 1993 SLG 1495 1993 SLD 1495 1993 PLC 764 |
Labour Appellate Tribunal, Sindh
Appeal No. WCH-3 of 1991, decided on 1st April, 1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Appeal No. WCH-3 of 1991, decided on 1st April, 1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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VS
ABDUL GHAFFAR and another
Law:
Section:
West Pakistan Employees' Social Security Ordinance (X of 1965)--- ----Ss. 73 & 81---Workmen's Compensation Act (VIII of 1923), Ss. 4, 8 & 10--Compensation for total disability ---Entitlement---Employee who had suffered total disability in course of employment Was found entitled to receive monthly pension from Social Security Departmeat---Notwithstanding such pension, employee made demand of compensation under Workmen's Compensation Act, 1923 which demand was allowed by Commissioner---Compensation allowed by Commissioner, was challenged by employers on ground that notwithstanding provisions of Ss. 73 & 81 of West Pakistan Employees' Social Security Ordinance, 1965, employee could not claim benefit under provisions of Act. 1923---Benefits under both laws could be obtained--Commissioner rightly found that compensation for total disability was admissible to employee in addition to monthly pension granted to him under Ordinance, 1965. M/s. Brooke Bond (Pakistan) Ltd. v. Rab Nawaz and others 1975 PLC 497; Metal Packages v Inayat Ali 9075 PLC 827; M/s. Safura Textile Mills Ltd. v. Nek Muhammad and another PLC 348; Muhammad Hayat v. Sole Pakistan Ltd. and another 1990 PLC 401; Sakina Bibi v. Crescent Textile Mills and others PLD 1984 SC 2,J1 and Mst. Lal Jan v. M/s. Silver Paper Tube Co., Karachi PLD 1974 Kar. 140 ref. Races M. Mushtaq for Appellants. Ahsanul Haq Siddiqui for Respondents. Date of hearing; 30th March, 1993. DECISION This appeal calls in question the order of the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act at Hyderabad awarding the respondent compensation of Rs.42,000 for the total disability suffered in the course of employment, notwithstanding the fact that he was registered with the Social Security Institution and receiving a pension of Rs.656.10 under the Social Security Ordinance, 1965. The circumstances in which this appeal has arisen, in brief, are as follows. 2. The respondent was an employee of the appellants and on or about 21-10-1987 had suffered partial disability in his hand and was allowed a pension of Rs.537.04 with effect from 31-121987. 3. After recovery, he had resumed work with the…
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