| Case ID |
528ab01b-68f0-4b39-99c0-b3cf7dd0148a |
| Body |
View case body. Login to View |
| Case Number |
LYP-18 of 1975 |
| Decision Date |
Dec 02, 1975 |
| Hearing Date |
Nov 18, 1975 |
| Decision |
The appeal was accepted, and the order of the learned Commissioner for Workmen's Compensation was set aside. The claim for compensation was dismissed due to lack of jurisdiction. The court found that the Commissioner had no authority to entertain the application for group insurance under the Standing Orders, and the proper course for the respondent was to file the application under the Industrial Relations Ordinance before the Junior Labour Court. The decision emphasized that the order by the Commissioner was a nullity in law and thus, the appeal was valid despite being time-barred. |
| Summary |
This case revolves around an appeal concerning the jurisdiction of the Commissioner for Workmen's Compensation. The case was initiated by Zakir Manzur Hussain, who claimed compensation under the Workmen's Compensation Act following the death of his son, Zia Hussain, who was an employee at Premier Cloth Mills Ltd. The Commissioner awarded the amount of Rs. 8,000 based on group insurance. However, Premier Cloth Mills Ltd. challenged this decision, arguing that the Commissioner acted without jurisdiction. The Labour Appellate Tribunal examined the applicable laws, including the Workmen's Compensation Act and the Standing Orders Ordinance, concluding that the Commissioner lacked jurisdiction to entertain such insurance claims. This decision underlines the importance of proper jurisdiction and procedural adherence in labor law cases, highlighting the legal framework surrounding workmen's compensation and group insurance claims in Pakistan. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Zakir Manzur Hussain,
Premier Cloth Mills Ltd.
|
| Judges |
M. Jamil Asghar
|
| Lawyers |
Javed Altaf,
Faqir Hussain Bokhari
|
| Petitioners |
PREMIER CLOTH MILLS LTD., LYALLPUR
|
| Respondents |
ZAKIR MANZUR HUSSAIN
|
| Citations |
1976 SLD 597,
1976 PLC 22
|
| Other Citations |
Syed Mahmud Alam v. Syed Mehdi Hussain and 2 others P L D 1970 Lab. 6
|
| Laws Involved |
Workmen's Compensation Act,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Industrial Relations Ordinance
|
| Sections |
30,
10-B,
25-A
|