| Case ID |
08ba07a5-89d9-4a2e-a7fd-f85646f95517 |
| Body |
View case body. Login to View |
| Case Number |
D-449 of 2007 |
| Decision Date |
Mar 01, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioner, Mst. Dadli, and set aside the Labour Court's decision. The court remanded the matter back to the Labour Court to decide the appeal afresh, ensuring that the claims of the legal heirs of the deceased employee, Gulzar Ahmed, are properly considered. The court emphasized the need for the Labour Court to provide cogent and rational findings regarding the dues and amounts adjudicated by the Authority under the Payment of Wages Act, 1936. The High Court also noted that the payments made to the widow during the pendency of the application should have been addressed properly, and it was inappropriate to make payments while the matter was under judicial consideration. The decision reinforced the rights of legal heirs under the Payment of Wages Act and Islamic Law of Inheritance. |
| Summary |
This case revolves around the Payment of Wages Act (IV of 1936) and the rights of legal heirs regarding the dues of a deceased employee, Gulzar Ahmed. Mst. Dadli, the mother of the deceased, filed a constitutional petition after the Labour Court ruled against her claim for service gratuity, group insurance, and other benefits. The High Court found that the Labour Court had failed to provide adequate justification for its decision and had overlooked significant aspects of the case, including the payments made to the widow during the proceedings. The court ordered the Labour Court to reevaluate the claims with a focus on the rights of the legal heirs under Islamic law. This case highlights the importance of proper adjudication in matters involving employee benefits and the entitlement of heirs under the Payment of Wages Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Railways,
Labour Court
|
| Judges |
FAISAL ARAB,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
M.A. Hakeem,
Muhammad Imran Khan,
Sher Muhammad Shaikh, D.A.-G.
|
| Petitioners |
Mst. DADLI
|
| Respondents |
FEDERATION OF PAKISTAN through Divisional Superintendent Pakistan Railways, Sukkur and 2 others
|
| Citations |
2011 SLD 1618 = 2011 PLC 276
|
| Other Citations |
Not available
|
| Laws Involved |
Payment of Wages Act (IV of 1936),
Constitution of Pakistan
|
| Sections |
15,
17,
199
|