| Case ID |
f9f8f09c-8230-446e-94e9-af713567421f |
| Body |
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| Case Number |
FD-19 of 1981 |
| Decision Date |
May 18, 1982 |
| Hearing Date |
May 18, 1982 |
| Decision |
The appeal was accepted and the impugned order was set aside. The case was remanded for re-decision based on the observations made. The Tribunal found that the Commissioner had no jurisdiction regarding the claim for group insurance since the employee was duly insured. The rights of the heirs according to the personal law of the deceased were to be considered. The parties were directed to appear before the Authority on 6th June, 1982 for further proceedings. |
| Summary |
This case revolves around the claim for group insurance amount by the appellant, who is the brother of a deceased employee, Sadiq Masih, who was a sweeper in the Municipal Corporation. The appellant's claim was dismissed by the Commissioner, stating that an adult brother is not considered an heir under the Pension Rules. However, the Tribunal clarified that the authority needed to establish jurisdiction based on whether the employee was insured under the group insurance scheme. It was determined that since Sadiq Masih was duly insured, the application for the insurance claim should be reconsidered. The Tribunal emphasized the need to trace the heirs according to the personal law of the deceased, which for a Christian individual, necessitates that the heirs be identified accordingly. The decision ultimately highlights the importance of jurisdiction in claims regarding group insurance and the necessity of adhering to personal laws when determining rightful heirs. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
MAYOR, MUNICIPAL CORPORATION, FAISALABAD
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI,
KARMAN MASIH
|
| Lawyers |
A. M. Khan
|
| Petitioners |
A. M. Khan
|
| Respondents |
MAYOR, MUNICIPAL CORPORATION, FAISALABAD
|
| Citations |
1984 SLD 1229,
1984 PLC 529
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Payment of Wages Act, 1936
|
| Sections |
S. O. 10-B
|