Case Details

Citation(s)
2001 SLG 2183 2001 SLD 2183 2001 PLC 348
Labour Appellate Tribunal, Sindh
Appeal No.KAR 8 of 2000, decision dated: 8-09-2000.
MUNAWAR ALI KHAN, CHAIRMAN

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KARACHI PORT TRUST through Chairman, K.P.T West. Wharf Road, Karachi

VS

MUHAMMAD SALIM and another

Law:

Section:

Payment of Wages Act (IV of 1936) S. 15 West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 10-B Service Tribunals Act (LXX of 1973), S.2 A Payment of group insurance amount Jurisdiction of Commissioner far Workmen's Compensation Son of ex employee of Karachi Port Trust had filed application for payment of group insurance amount due to him as heir of his 'deceased father Commissioner for Workmen's Compensation allowed said claim directing the Karachi Port Trust to deposit amount of claim Karachi Port Trust being a body corporate established under Karachi Port Trust Act, 1886, was covered by S.2 A of Service Tribunals Act, 1973 according to which employees of Karachi Port Trust would be deemed to be civil servants and Service Tribunal and not Labour judicial heirarchy forums, would have jurisdiction to deal with the case of applicant who could approach. Service Tribunal by adopting due procedure. Aijaz Hussain and S.M. Awan for Appellant AND Imtiaz Ali Effendi for the Workers. Date of hearing: 30th August, 2000. DECISION Dissatisfied with the order, dated 25 10 2000 of the Commissioner for Workmen's Compensation and Authority Under Payment of Wages Act, the Karachi Port Trust has come in this appeal through its Chairman. The facts leading to this appeal may be summarized as follows. One Tanveer Ahmed was a permanent employee of the appellant working, as peon in Traffic Department with effect from 1 7 1979. He was, however, retired on medical ground on 28 7 1993. About 2 months later he died in road accident. The respondent Muhammad Salim the father of the deceased Tanveer Ahmed made an application complaining therein that the appellant did not pay Group Insurance amount of Rs.1,00,000 due to him as heir of the deceased Tanveer Ahmed despite repeated reminders. His application was opposed by the appellant who in their written statement took the stand that the deceased Tanveer Ahmed was not in their employment at the time of his death and, therefore, he was not entitled to the claim of Group Insurance. Their application under Order 7, Rule 11, C.P.C., was rejected by the Commissioner for Workmen's Compensation…
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