IN THE HIGH COURT OF SINDH, KARACHI
Const. Petition No.D-2162 of 2011
Date Order with signature of the Judge
1. For order on CMA No.9846/2011.
2. For order on CMA No.9847/2011.
3. For Katcha Peshi.
4. For order on CMA No.9848/2011.
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Mr. Mahmood Abdul Ghani, Advocate for Petitioner.
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1. Urgency is granted.
2. Exemption is granted subject to all just exceptions.
3. Through this petition the petitioner has called in question not only the appointment of Commissioner for Workmen’s Compensation and Authority under Payment of Wages Act, 1936 on the ground that it being violative of provisions of Article 175 read with Article 203 of the Constitution of Islamic Republic of Pakistan, 1973, but has also impugned the order passed by the Commissioner against the petitioners.
When confronted as to how a writ of quo warranto can be issued in a case where the petitioner is agitating his personal grievance, learned counsel for the petitioners, contends that he would not press the petition to the extent of challenging the office of Commissioner for Workmen’s Compensation and would confine himself to the extent of impugned order. Per learned counsel, the Commissioner for Workmen’s Compensation vide his separate orders all dated 14.5.2011 awarded compensation of Rs.5154648/- to the respondent No.3 Muhammad Yaseen Atta, Rs.6489527/- to the respondent No.4 Abdul Razzaque Khan, Rs.6090279/- to the respondent No.5 Aftab Ahmed, Rs.5968587/- to the respondent No.6 Asghar Ali Unar, Rs.5788529/- to the respondent No.7 Muhammad Sadiq Magsi, Rs.8441227/- to the respondent No.8 Akhtar Muhammad Shaikh, Rs.8540822/- to the respondent No.9 Muhammad Urs Chana, Rs.5027248/- to the respondent No.10 Anwar Hussain, which orders are against the very spirit of law and, therefore, cannot sustain. It was next contended that since these orders cannot be appealed unless the amount is deposited and a certificate is obtained for filing appeal and if the amount is deposited same will be disbursed by the Commissioner for Workmen’s Compensation for various reasons which we would not like to record, the remedy of appeal would become infructuous. He, therefore, contends that without going into the merits of the case as the same are to be decided by the Tribunal, upon furnishing of bank guarantee to the satisfaction of the Nazir of this Court the petitioner either be permitted to file appeal or the Commissioner be directed to issue certificate of filing appeal.
Considering the various thought provoking questions raised by the learned counsel we are inclined to accept the request of the petitioner and, therefore, direct the Commissioner for Workmen’s Compensation to issue certificate of filing appeal, once the valid bank guarantee to the satisfaction of the Nazir of this Court is furnished in the total sums of above referred amounts. Let notice be issued to the respondents for 23.6.2011.
4. Notice as above.
JUDGE
JUDGE