Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. WCK‑25 of 1979, heard on 23rd January, 1980.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑
‑‑ S. 1 (4) and S. O. 10‑B‑Applicability of Ordinance‑Karachi Development Authority run under authority and control of Provincial Government with statutory rules regarding service conduct and discipline of employees‑Not within ambit of Ordinance‑Employees cannot claim benefit of Group Insurance and gratuity.
Karachi Development Authority v. Fifth Sind Labour Court P L D 1976 Kar. 514 rel.
Naziruddin Kazf for Appellants.
Ibne‑Ayub for Respondent.
Date of hearing : 23rd January 1980.
This appeal by the Karachi Development Authority (K. D. A.) is directed against an order passed by the learned Commissioner for Workmen's Compensation, on 11th October, 1979 awarding the respondent, Mst. Noorbai, a sum of Rs. 13,500 under Standing Order 10‑B, as Group Insurance in respect of the death of her husband Shaikh Chand, who was an employee of the K. D. A., and a further amount of Rs. 2,000 as Gratuity due to him under Standing Order 12.
2. The appeal has been preferred by the K. D. A., on the sole ground that Standing Orders are not applicable to the K.D.A., which is an Organization run under the control and by the authority of the Provincial Government and further it has its statutory rules framed under the Karachi Development Order, 1957 regarding service, conduct and discipline of its employees.
3. I have heard Mr. Naziruddin A. Kazi, for the K.D.A., and Mr. Ibne‑Ayub, on behalf of the respondent, Mst. Noorbai. The issue whether the Standing Orders are applicable to the K.D.A., was examined by this Tribunal in Appeals Nos. 419 of 1979 and 14 of 1979. It was held in the above two decisions, relying on the reported decision of the Karachi High Court in the case of Karachi Development Authority v. Fifth Sind Labour Court (P L D 1976 Kar. 514), that the provisions of the Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are not applicable to the K.D.A., as it was being carried on by and under the authority of the Provincial Government and its employees are governed by the K.D.A. (Employees Service) Regulations, 1973/1975.
4. Following the above decision, I would allow this appeal and set aside the impugned order.
Appeal allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer