The Industrial Relations Advisers,

Management & Labour Laws Consultants

 

Room 3, 1st floor, Falaknuma Building, Near The Laboratory & Haroon Radio, Abdullah Haroon Road, Karachi

Phone: 2727266 & 2729770 Fax: 2729770 (S M Iqbal)  Email: iqbalblund@hotmail.com 

 


AUTHORITY UNDER THE PAYMENT OF WAGES ACT AND COMMISSIONER FOR WORKMEN'S COMPENSATION DECLARED ILLEGAL AND CANNOT EXERCISED JUDICIAL POWERS HELD BY THE SINDH HIGH COURT


Justice Faiz Muhammad Qureshi of Sindh High Court recently held in Constitution Petition No. S-179/2000 (Pakistan Industrial Gases Ltd. v/s The Commissioner Workmen's Compensation and Authority under the Payment of Wages Act and Others) that the Constitution of Pakistan recognizes only such specific Tribunals to share judicial powers which have been specifically provided by the Constitution itself. Any Court or Tribunal which has not been founded on any of the Articles of the Constitution cannot lawfully share judicial powers with the Courts referred to in Article 175 and 203 of the Constitution. The Court of Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act are not founded on any of the Articles of the Constitution and cannot lawfully share judicial powers with the judiciary and in adjudicating process involving appointment of a person who is sub-ordinate to High Court referred to in Article 175 and 203 of the Constitution of the Pakistan.

The Hon'ble Judge allowed the Petition and quashed the Judgment of the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act and declared that the same was passed without lawful authority.

The decision is by a Single Bench of the High Court and it is still unreported, a photocopy of the same may be obtained from us.


                                                                                    For M/s. S.M. Yaqoob