Case ID |
37f49e0f-aa94-4e45-ae49-6137d355b940 |
Body |
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Case Number |
Writ Petition No. 5203 of 1990 |
Decision Date |
Dec 01, 1990 |
Hearing Date |
Dec 01, 1990 |
Decision |
The Lahore High Court ruled that all proceedings taken by the Compensation Commissioner after the issuance of the stay order were null and void. The stay order was effective from the moment it was issued, and the Compensation Commissioner had no jurisdiction to proceed further with the case. The court accepted the petition, declaring the impugned order and notice issued by the Commissioner as without lawful authority. The application for recovery of gratuity and group insurance filed by the respondent was deemed still pending and to be taken up for final hearing after the court's decision in the related constitutional petition. |
Summary |
This case revolves around the Payment of Wages Act and highlights the importance of stay orders in legal proceedings. The father of the respondent, an employee of the petitioner, passed away, leading to the respondent seeking recovery of gratuity and insurance. The case emphasizes the procedural aspects of stay orders and the authority of the Compensation Commissioner, illustrating how the Lahore High Court intervened when due process was not followed. The ruling reinforced that legal orders must be respected and that actions taken without jurisdiction are invalid. This case serves as a significant reference for similar disputes involving employment benefits and administrative authority, making it a key case for legal practitioners focusing on labor law and procedural compliance. |
Court |
Lahore High Court
|
Entities Involved |
MUNICIPAL COMMITTEE, PASRUR,
COMPENSATION COMMISSIONER
|
Judges |
MALIK MUHAMMAD QAYYUM, JUSTICE
|
Lawyers |
Abdul Latif Chaudhry
|
Petitioners |
MUNICIPAL COMMITTEE, PASRUR
|
Respondents |
COMPENSATION COMMISSIONER and others
|
Citations |
1991 SLD 734,
1991 PLC 488
|
Other Citations |
Karam Ali and others v. Raja and others P L D 1949 Lah. 100
|
Laws Involved |
Payment of Wages Act,
Civil Procedure Code
|
Sections |
15,
OXXXIX, Rr. 1 & 2
|