| Case ID |
3ca93b54-5b37-4712-89ea-59c93a9c3ef3 |
| Body |
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| Case Number |
W.P. No. 20554 of 2009 |
| Decision Date |
Jun 23, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition of the employer, affirming that the quarry operated by the employer qualified as an 'open pit mine' under the Mines Act, 1923. The court held that the employee, who filed a disability claim after an injury sustained while working in the quarry, was indeed a 'workman' as defined under the Workmen's Compensation Act, 1923. The court further determined that the Workmen's Compensation Commissioner for Mines had the jurisdiction to adjudicate the matter, rejecting the employer's claims regarding jurisdiction and the definition of 'mine' and 'workman'. |
| Summary |
This case revolves around the interpretation of the Workmen's Compensation Act and the Mines Act as they relate to an employee's claim for compensation after sustaining an injury while working in a gypsum quarry. The court emphasized that a quarry can be classified as an 'open pit mine', thus falling under the jurisdiction of the Workmen's Compensation Commissioner. The ruling clarified the definitions of 'mine' and 'workman', ensuring that employees in mining operations are protected under the compensation laws. This case is significant for legal practitioners and employers in the mining industry, as it sets a precedent regarding the applicability of compensation laws in similar contexts. Keywords: Workmen's Compensation, Mines Act, legal jurisdiction, employee rights, mining operations, compensation claim. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AYESHA A. MALIK
|
| Lawyers |
Ras Tariq Chaudhary,
Zafar Abbas Khan
|
| Petitioners |
NASEER MUHAMMAD
|
| Respondents |
WORKMENS COMPENSATION COMMISSIONER FOR MINES, SARGODA REGION AND ANOTHER
|
| Citations |
2017 SLD 306 = 2017 PLC 31
|
| Other Citations |
Anwar Munir v. Mohd. Iqbal and others (PLD 1975 Lahore 367)
|
| Laws Involved |
Workmen's Compensation Act (VIII of 1923),
Mines Act (IV of 1923)
|
| Sections |
19,
3(f)
|