Law:

Section:

Workmen's Compensation Act (VIII of 1923)--------Ss. 10(c) & 32(1''1---West Pakistan Workmen's Compensation Rules 1961; R.14---Constituuon of Pakistan (1973), Art. 159---Constitutional petition---Competency of Labour Officer to `forward reference to Commissioner---Labour Commissioner, Labour Officer and Labour Inspector, being fully competent to refer the matter to Commissioner for Workmen Compensation as provided under S.10(c) of Workmen's Compensations Act, 1923 and R.14 of West Pakistan Workmen's Compensation Rules, 1961---Labour Officer had competently forwarded reference to Commissioner after adopting prescribed procedure---In absence of any illegality or violation of any law and Rules, High Court could not interfere with the order of reference in exercise of its Constitutional jurisdiction. M. Shamshir Iqbal Chughtai for Petitioner. ORDER The petitioner has taken the exception to the order dated 7-11-2002 passed by respondent No. l on a reference referred to by the respondent No.2 with regard to the payment of compensation of the injuries sustained by injured persons, namely, Elahi Bux, Allah Ditta, Ahmad Bux, Muhammad Akbar and Noor Muhammad in an accident during the course of their employment in Ashraf Sugar Mills Ltd., Ashrafabad, Bahawalpur due to the hot water coming out of the boiler feeded by storage tank. The petitioner had raised a preliminary objection before the respondent No. l with regard to the maintainability of the reference. 2. Learned counsel for the petitioner contended that only the persons mentioned in section 10 of the Workmen's Compensation Act, 1923 are competent to forward the reference to the Commissioner for due compensation for payment to the employers by the employees and the respondent No.2 Labour Officer-I (Factories) was not competent to refer the said reference. 3. I have heard the learned counsel at length and gone through the record. 4. There is no dispute with regard to the compensation to be paid to the injured who have received injuries on 10th September, 2001, section 10-C of the said Act has empowered that a Labour Commissioner, an Inspector of Factories or any other officer authorized by the Provincial…

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