Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 SHC 514
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-05-23
Parties: Saqib S/o Aurangzeb vs Government of Sindh and Others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-05-23, officially reported as 2024 SHC 514. In this matter between Saqib S/o Aurangzeb and Government of Sindh and Others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC514
Court Name: Sindh High Court Judge(s): Muhammad Faisal Kamal Alam Title: Saqib S/o Aurangzeb vs Government of Sindh and Others Case No.: C. P. No. S-905 of 2023 Date of Judgment:2024-05-23 Reported As: 2024 SHC 514 Result: Petition Disposed of
Judgment
ORDER Muhammad Faisal Kamal Alam, J: Petitioner has challenged the Order dated 22.08.2023, through which the Respondent No.3 [the Commissioner for Workers' Compensation and Authority Under The Sindh Payment of Wages Act, (South Division), Karachi] has recalled its earlier ex parte Order dated 03.05.2023, whereby, allowing the Application of the Petitioner under Section 15 of the Sindh Payment of Wages Act, 2015, against the private Respondents No.4 and 5 [the former Employer] by awarding a sum of Rs.500,000/- [Rupees Five Hundred Thousand only] in addition to five times compensation of the decretal amount; consequently, private Respondents No.4 and 5 were directed to deposit an amount of rupees three million, within thirty days in the Court. 2. The Petitioner was appointed as Bike Rider in the Establishment of Respondent No.4 and 5. 3. After hearing the matter at some length, it was observed on the last date of hearing, that both the contesting Parties should reconsider their stance and take instructions, that whether the Petitioner can be appointed in the Establishment of Respondents No.4 and 5 on regular basis, to secure his present and future livelihood in lieu of his withdrawal of monetary claims. 4. In compliance of the last Order, both the Petitioner and Manager Operations of Respondents No.4 and 5 are present. Petitioner has shown his original CNIC for identification, which after verification is returned to him. 5. By consent of the Parties, the following Order is passed_ i. Immediately, Respondents No.4 and 5 will issue an Employment Letter to the Petitioner to be appointed as a regular employee in the Establishment of Respondents No.4 and 5. Simultaneously, Petitioner shall immediately withdraw his both Applications; one under Section 15 of the Sindh
---
## Page 2
Payment of Wages Act, 2015 and another Application for Workmen's Compensation, file in Case No.72 of 2022 [available at pages-31 and 37 of the Court File]. ii. Expenditure incurred by the Petitioner on his medical treatment would be submitted to Respondents No.4 and 5 for their sympathetic consideration and if Respondents No.4 and 5 consider it genuine, they can reimburse or pay a reasonable amount to the Petitioner. iii. It is clarified that services of the Petitioner shall be subject to the Service Structure and Rules of the Establishment of Respondent No.4 and 5, and Petitioner will do the job as a diligent and faithful employee. 6. In view of the above terms, this Petition stands disposed of along with all pending application(s), if any, but with no order as to costs. However, the amount earlier deposited with the learned Nazir of this Court should be released back to the Respondents No.4 and 5 through their duly authorized representative along with the accruals, if any.