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MANZOORUL HAMEED versus UMATUL HAFEEZ AND OTHERS


Workmen's Compensation Act 1923 Section 30 (4) [Entered by the Labor Law (Amendment of the Law) Ordinance (XII of 1974)] and the Constitution of Pakistan (1973), Article 175 (2) The amending powers are enforceable only if the Constitution Or the law is given by the High Court. Revision options are not available to the Labor Appellate Tribunal under section 115 of the Civil Procedure Code 1908, the Appellate Tribunal is not authorized to hear the amendments made by the Workers' Compensation Act 190 under the Labor Appellate Tribunal, which was held Yes, there is no jurisdiction to hear revisions against his order. Commissioner

1976 P L C 305(1)

Labour Appellate Tribunal Punjab

Present: M. Jamil Asghar, Appellate Tribunal

MANZOORUL HAMEED

Versus

UMATUL HAFEEZ AND OTHERS

Application No. SI 205 of 1974, decided on 8th January 1975.

Workmen's Compensation Act (VIII of 1923)

‑‑‑ S. 30(4) [inserted vide Labour Laws (Amendment) Ordinance (XII of 1974)] and Constitution of Pakistan (1973), Art. 175(2)‑Revision Powers exercisable only if conferred by constitution or law‑High Court's revisional powers under S. 115 of Civil Procedure Code, 1908 not available to Labour Appellate Tribunal‑No powers to hear revision conferred by Workmen's Compensation Act, 190 on Appellate Tribunal‑Labour Appellate Tribunal, held, has no jurisdiction to hear revision against order of Commissioner.

Awan Muhammad Hanif Khan for Petitioner.

Muhammad Iqbal for Respondent No. 1.

Nemo for Respondent No. 2.

JUDGMENT

This is a revision against the order dated 1‑8‑1974 of the Commissioner for Workmen's Compensation, Sahiwal.

2. The first point for consideration is as to whether this revision is competent.

3. According to Article 175(2) of tile Constitution of the Islamic Republic of the Pakistan no Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law. Workmen's Compensation Act does not confer on the appellant authority the right to hear revision but the High Court prior to Labour Laws (Amendment) Ordinance XII of 1974 used to hear revisions by virtue of the right conferred upon it by section 115 of the Code of Civil Procedure. In view of the aforementioned amendment Labour Appellate Tribunal has been substituted in place of High Court as the appellate authority but no power has been conferred on it to hear revision either by Constitution or by or under any law. Section 115, Civil Procedure Code only speaks of High Court and not the Labour Appellate Tribunal.

4. In view of the above this revision is not competent and is accordingly dismissed.

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