Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (IX of 1968)-------Orders 1(b) & 10-B---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Workman, status of---Determination---Group Insurance---Entitlement---Brother of respondent was working with employer company who died during service---Respondent claimed to be the only legal heir of the deceased and sought recovery of group insurance as compensation---Commissioner Workmen's Compensation directed the employer to pay such compensation to the respondent--Plea raised by employer was that the deceased was not a permanent worker as defined under Order 1(b) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, hence not liable to receive Group Insurance---Validity---Findings of the Commissioner on the question whether at the time of death of the workers, he was a permanent employee of petitioner or not were wanting in the order---Without recording such findings, the Commissioner could not have burdened the petitioner for payment of Group Insurance to respondent---Order passed by Commissioner Workmen's Compensation was set aside and matter was remanded to him for decision afresh after recording of evidence to such effect---Petition was allowed accordingly. Malik Ghulam Qadir for Petitioner. Muhammad Qaswar Abbas Respondent No. 1 in person. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner has filed this constitutional petition seeking quashment of order dated 17-1-2006 passed by respondent No.2 (Commissioner Workmen's Compensation) burdening the petitioner with an amount of Rs.2,00,000 as Group Insurance to be paid to respondent No.1 as compensation in lieu of death of his brother Muhammad Afzal who while in the service of the petitioner as workman died on 21-8-2004. 2. The facts in brief are that the respondent No.1 claiming himself to the only legal heir of Muhammad Afzal filed an application on 9-9-2004 to the Manager of the petitioner Mills stating that as the brother of the petitioner namely Muhammad Afzal was employee of the petitioner since 22-7-2004 who died on 21-8-2004, hence his due wages for sixteen days during the…

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