| Case ID |
43481b4e-5ff0-40d9-a446-6a6e7e829728 |
| Body |
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| Case Number |
WCK-3 of 1989 |
| Decision Date |
Apr 04, 1990 |
| Hearing Date |
Apr 04, 1990 |
| Decision |
The appeal impugned two orders passed by the learned Commissioner for Workmen Compensation and Authority under the Payment of Wages Act, West Division, Karachi. The learned Commissioner had previously decided the matter ex parte, granting conveyance allowance to the respondent without proper notice to the appellant. The Tribunal found that the notice sent to the appellant was not served correctly, as it was sent to the wrong address. Consequently, it was determined that the learned Commissioner failed to consider essential points regarding the ownership and authority of the person who received the notice. Therefore, the Tribunal set aside the impugned order and directed the Commissioner to allow both parties to lead evidence before deciding the application afresh. |
| Summary |
In the case of Messrs Sartaj Steel Works vs Muhammad Aslam, the Labour Appellate Tribunal of Sindh addressed significant procedural issues under the Workmen's Compensation Act. The core of the dispute revolved around the conveyance allowance that was claimed by the workman, totaling Rs. 7,760. The Tribunal examined the circumstances under which the learned Commissioner had issued a decision ex parte, allowing the compensation without ensuring proper service of notice to the employer, which is a fundamental requirement in legal proceedings. The Tribunal emphasized the necessity for due process and the importance of serving notice at the correct address, as the notice was sent to an incorrect location. The Tribunal's ruling highlighted the importance of ensuring that all parties have the opportunity to present their case, thereby reinforcing the principles of fairness and justice in labour disputes. The decision ultimately underscores the need for meticulous adherence to procedural rules in order to maintain the integrity of judicial processes within the framework of the Workmen's Compensation Act. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs SARTAJ STEEL WORKS,
MUHAMMAD ASLAM
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Riaz Hussain Baloch,
Mehmood Habibullah
|
| Petitioners |
Messrs SARTAJ STEEL WORKS
|
| Respondents |
MUHAMMAD ASLAM
|
| Citations |
1991 SLD 1839 = 1991 PLC 102
|
| Other Citations |
Not available
|
| Laws Involved |
Workmen's Compensation Act (VIII of 1923)
|
| Sections |
10
|