Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLI, R.27---Production of additional evidence in appellate court---Once the trial had concluded and had been finalized, it was only in very, very limited circumstances as provided in O.XLI, R.27, C.P.C. that evidence could be recorded by the appellate court. (b) Workmen's Compensation Act (VIII of 1923)--- ----S. 23---Industrial Relations Act (IV of 2008), S.54---Constitution of Pakistan (1973), Art.199---Constitutional petition---Review---Power of Commissioner to review its own order---Scope---Commissioner Workmen's Compensation had no power to review its own order---Power of review was not available, unless it had been specifically conferred by law---Power of review was not available to Labour Court---Powers of Labour Court under S.54 of Industrial Relations Act, 2008 were more extensive and wide compared with Power of Commissioner Workmen's Compensation---If the Labour Court with its wider amplitude of powers, had not power of review, how could Commissioner Workmen's Compensation be asked to review its order---Constitutional petition was dismissed. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1 and Ahmed Food Industries Ltd., Karachi v. Sindh Labour Appellate Tribunal, Karachi and 2 others 1974 PLC 225 ref. Sardar M. Tariq Khan for Petitioner. Nemo for Respondents: Date of hearing: 6th October, 2009. JUDGMENT SHAHID ANWAR BAJWA, J.--- Brief facts giving rise to this constitutional petition are that Said Hussain who was employed by respondent No.3 died of natural causes on 24-6-2004. Besides Group Insurance amount of Rs.2,00,000 under Standing Order 10-B of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, his final settlement dues amounted to Rs.1,74,127. The petitioner who is widow of the deceased filed an application for release of the amount. Commissioner vide order, dated 18-10-2005 ordered that 1/6th of the amount be paid to mother of the deceased and balance amount be equally distributed i.e. 155,886/50 each between the petitioner and Mst. Parwat Jan. The said Mst. Parwat Jan had also claimed to be another wife of the deceased. There is no disagreement as far…

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