| Case ID |
42c6b58f-d521-4b4c-b69a-2972e54cedee |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.259-K of 1986 |
| Decision Date |
Sep 02, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal against the Sindh High Court's judgment that had quashed the order of the Commissioner for Workmen's Compensation. The Court ruled that the Commissioner had jurisdiction to entertain the claim under Standing Order 10-B for group insurance and that the appellant was entitled to benefits despite having crossed the age of superannuation. The Court emphasized that the employer's failure to insure the workman as required under the Standing Orders made them liable for compensation. The decision reinstated the order of the Commissioner allowing the appellant's claim for compensation due to disability suffered during the extended service period. |
| Summary |
In the case of Muhammad Habib Khan vs. Pakistan Tobacco Company Limited, the Supreme Court of Pakistan addressed critical issues concerning the interpretation of employment laws, particularly the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the Workmen's Compensation Act, 1923. The case revolved around the rights of workers regarding group insurance and the implications of age limits on employment. The Court clarified that even after surpassing the age of superannuation, a worker could claim benefits if they were found fit for employment. This ruling underscored the importance of legal protections for workers, particularly in cases of disability arising from service. The decision is significant as it reinforces the right to compensation for workers and their legal heirs, emphasizing the employer's responsibility to maintain adequate insurance coverage. The case also highlights the ongoing relevance of labor laws in protecting workers' rights in Pakistan's evolving industrial landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Tobacco Company Limited
|
| Judges |
Zaffar Hussain Mirza,
Mid Abdul Hafeez Memon,
Muhammad Habib Khan
|
| Lawyers |
Abbas Ahmad,
Muzaffar Hassan,
Noor Muhammad,
Abdul Aziz Dastgir
|
| Petitioners |
Muhammad Habib Khan
|
| Respondents |
another,
Pakistan Tobacco Company Limited
|
| Citations |
1991 SLD 473,
1991 PLD 183
|
| Other Citations |
Pakistan Mineral Development Corporation v. Amir Khan and another PLD 1982 Quetta 87,
Messrs Pakistan Tobacco Co. Ltd. v. Muhammad Siddique 1978 PLC 363,
Messrs Crescent Textile Mills v. The Commissioner for Workmen's Compensation and another 1980 PLC 239,
Crescent Jute Products Limited and another v. Noor Muhammad and others 1981 PLC 120,
Pakistan Engineering Co. Ltd. v. Commissioner, Workmen's Compensation and another 1980 PLC 752
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Workmen's Compensation Act (VIII of 1923),
Constitution of Pakistan (1973)
|
| Sections |
S.O. 10(B),
Ss.19 to 31,
Art.185(3)
|