| Case ID |
42302e21-bc30-42d9-9884-b38d1d11bc13 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 939 of 1994 |
| Decision Date |
Oct 09, 1998 |
| Hearing Date |
Oct 09, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Water and Power Development Authority against the Federal Service Tribunal's ruling. The judgment confirmed that Shamshad-ul-Haq, who sustained a crush fracture leading to paraplegia while performing his duties, was entitled to an invalid pension and reimbursement for medical expenses incurred. The court reiterated that the injury was permanent and attributed to his service, thus entitling him to benefits despite not meeting the minimum qualifying service period. The decision emphasized the responsibility of WAPDA to provide adequate medical treatment and uphold the rights of employees injured in the line of duty. |
| Summary |
In the landmark case involving Shamshad-ul-Haq against the Pakistan Water and Power Development Authority (WAPDA), the Supreme Court of Pakistan addressed critical issues surrounding employee rights and pension benefits within the context of workplace injuries. The case arose when Shamshad-ul-Haq, an Assistant Lineman, suffered severe injuries leading to paraplegia due to an electrocution incident while performing his duties. The court evaluated the application of the Pakistan Water and Power Development Authority (Pension) Rules, 1977, particularly focusing on Rule 5 concerning invalid pensions. The ruling clarified that the permanent disability incurred by the respondent during service entitled him to pensionary benefits, irrespective of the minimum service period typically required. Furthermore, the court addressed the entitlement to medical expenses, underscoring the employer's obligation to provide necessary medical care for work-related injuries. This case sets a significant precedent for employee rights, particularly in the energy sector, reinforcing the importance of adequate compensation and support for injured workers. Keywords: Supreme Court, WAPDA, pension rights, workplace injuries, employee compensation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Water and Power Development Authority,
WAPDA Medical Board
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Sh. Zamir Hussain, Advocate Supreme Court,
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
others,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Respondents |
others,
SHAMSHAD-ULHAQ
|
| Citations |
1999 SLD 861,
1999 PLC 291
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Water and Power Development Authority (Pension) Rules, 1977
|
| Sections |
R. 5
|