| Case ID |
51478eaa-a74d-45b3-a9d2-28d027c302fa |
| Body |
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| Case Number |
Constitutional Petition No. S-27 of 1989 |
| Decision Date |
May 22, 1990 |
| Hearing Date |
Oct 16, 1989 |
| Decision |
The Sindh High Court ruled that the order passed by the Commissioner for Workmen's Compensation regarding the claim for group insurance was without jurisdiction and thus a nullity in the eyes of law. The court held that the provisions of the West Pakistan Social Security Ordinance, particularly Section 67, were mandatory and intended to create new rights and obligations. The petitioners had properly sought permission to close their factory under the relevant Standing Orders, and the subsequent termination of services was lawful. The court declared the impugned order of the Commissioner as having no legal effect. |
| Summary |
In the case of United Woollen Mills Ltd. vs. Commissioner for Workmen's Compensation, the Sindh High Court addressed a dispute arising from the termination of an employee, Muhammad Pervaiz, and the subsequent claim for group insurance by his widow. The court evaluated the jurisdiction of the Commissioner in entertaining the claim under the West Pakistan Social Security Ordinance and the relevant Standing Orders. The court emphasized that the provisions of the Ordinance are mandatory, thus establishing new rights and obligations. The petitioners had legally closed their factory and terminated employees following the required procedures. The court ultimately ruled the Commissioner's order as null and void, confirming the petitioners' position. This case highlights the importance of compliance with statutory provisions in labor law and the protection of employee rights, especially in the context of social security and compensation claims. |
| Court |
Sindh High Court
|
| Entities Involved |
Muhammad Pervaiz,
Social Security Hospital
|
| Judges |
SYED HYDER ALI PIRZADA, JJ
|
| Lawyers |
Munawar Malik
|
| Petitioners |
UNITED WOOLLEN MILLS LTD.
|
| Respondents |
COMMISSIONER FOR WORKMENS COMPENSATION AND AUTHORITY UNDER THE PAYMENT OF WAGES ACT and another
|
| Citations |
1991 SLD 439,
1991 PLC 479
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
West Pakistan Social Security Ordinance (X of 1965),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
67,
11-A,
10-B
|