' HAFIZ ABDUR REHMAN ANSARI (CHAIRMAN).--- The appellant-Punjab Seed Corporation has filed this appeal under section 30 of Workmen's Compensation Act, 1923 against the award/decision dated 24-9-2011 passed by the Commissioner Workmen's Compensation, Sahiwal whereby he accepted the claim in respect of group insurance and gratuity with one time penalty allegedly against the law and facts of the case.
2. The brief facts of the instant case are that respondent filed claim of her husband's group insurance and gratuity against the Punjab Seed Corporation before the learned Commissioner Workmen's Compensation, Sahiwal, which reveals that her husband one Ali Sher son of Muhammad Sharif started working as driver in Punjab Seed Corporation, Sahiwal since 1992, his post was of permanent nature and he received salary on monthly basis.
3. Salma Bibi submitted an application Under Standing Orders 10-B and 12 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 before the Cornmis,sioner Workmen's Compensations, Sahiwal for grant of group insurance amounting to Rs,2,00,000 and gratuity amounting Rs,35000 along with one time compensation Rs,35090/-; total claim of Rs,2,70,000. Mst. Salma Bibi filed grievance petition before Labour Court No,9, Multan alleging therein that her husband Ali Sher was appointed as driver in appellant-department in 1992. He worked diligently and honestly. She alleged that her husband filed grievance petition before Punjab Labour Court No,9, Multan for regularization of his. Service. Her husband expired on 23-6-2006, so the grievance petition abated from the Labour Court. She claimed that she is only widow of Ali Sher. At the time of filling, application, she claimed minors i,e, Jamshed, Ali Afnan, Ali Shan, Khalida Parveen, Adeeba Parveen and Sadia Parveen were born out of her wed-lock with Ali Sher.
4. The department filed written statement and denied the contents of the claim of Salma Bibi widow of Ali Sher. Appellant-department raised ,some preliminary objections that applicant's husband was never appointed/employee as a driver in Punjab Seed Corporation, neither on causal nor on daily wages basis. It was further contended in the written statement that all the permanent employees of Punjab Seed Corporation are insured and husband of the applicant was not insured as he was not a permanent employee of Punjab Seed Corporation. That the application submitted is vague, frivolous and baseless. On facts, all the contentions were denied. In the light of divergent pleadings of the parties, the following issues were framed:---
(i) Whether Ali Sher son of Muhammad Sharif was a regular employee of Punjab. Seed Corporation since 1992?
(ii) Whether widow of Ali Sher is entitled for gratuity and group insurance?
(iii) Whether the applicant is entitled to get the dues of the deceased, Ali Sher and up-to what extent?
(iv) Relief.
' Both the parties produced their evidence in support of their contentions. Salma Bibi-applicant appeared herself as PW-1 and recorded her statement. Thereafter she again got recorded her statement as additional evidence as PW-1 on 28-10-2010. She produced same document in evidence which are marked P-1 to P-6. Respondent Mian Manzar Mehmood, Admn. Officer appeared as RW. Mian Zafar Iqbal also appeared as Department's witness. Official record of Punjab Seed Corporation was produced in support of written statement which is Exh. R-1 to Exh . R-25 .
5. The department resisted claim of the applicant/respondent-lady alleging that her husband was never appointed as a driver in the Punjab Seed Corporation. The claim of the widow of Ali Sher is false and frivolous, she is not entitled for any claim made in application. Commissioner Workmen's Compensation, Sahiwal accepted claim of the respondent-lady vide order dated 24-9-2011 and allowed group insurance of Rs,200000. Moreover; she is also entitled for the gratuity which is Rs,35000 with one time penalty for causing illegal delay and unnecessary hindrance in the way of the widow who filed an application to get the amount (35000 + 35600=70,000) the total payable amount by the Punjab Seed Corporation amounted to Rs,2,70,000.
6. The department has filed instant appeal for setting aside order dated 24-9-2011 passed in favour of respondent-lady widow of Ali Sher.
7. The learned counsel for appellant contended that decision of the learned Commissioner Workman's Compensation, Sahiwal is against law and facts of the case. Respondent had no legal right to file instant claim against Punjab Seed Corporation. That respondent-lady could not prove that her husband Ali Sher was appointed as a Driver in the appellant-department, when he expired he was in the employment of the department. That the learned Commissioner has wrongly given findings on Issues Nos.1 and 2 in favour of respondent with regard to group insurance and gratuity and employment of Ali Sher as a driver in the department. The judgment is illegal which is arbitrary, unlawful should be set aside.
8. Conversely, the learned counsel for respondent vehemently supported judgment delivered by the Commissioner Workmen's Compensation Sahiwal. Learned counsel submitted that there is ample evidence on record which establishes that Ali Sher was appointed as a Driver in the appellant-department. He filed petition before Labour Court No,9, Multan for regularization of his service when Ali Sher died in 2006, the grievance petition was abated. Learned counsel drew attention of this Court, the witness appeared before Commissioner Workmen's Compensation Sahiwal did not specifically denied that Ali Sher was not employed with PSC. There is evasive denial in the statement of witnesses of the department. Learned counsel submitted that respondent-lady through her oral as well as documentary evidence has proved that her husband was employed in Punjab Seed Corporation department. In the light of evidence on record, the learned Commissioner Workmen's Compensation Sahiwal rightly accepted claim of gratuity and group insurance, along with one time penalty for widow of Ali Sher. Instant appeal is frivolous and should be dismissed with special costs as widow has been deprived from her legal rights from the last so many years.
9. I have heard the parties at length and perused the record of the Lower Court.
10. The department's witness Manzar Mehmood in cross-examination replied in the following words when question was put to him regarding the employment of Ali Sher in Punjab Seed Corporation.
He replied.
11. {{ URDU TEXT }} This reply of department witness established that Ali Sher was an employee in Punjab Seed Corporation at Sahiwal Farm. From the mouth of Department's witness, specific denial should have come. Further, Ali Sher filed grievance petition before Labour Court for regularization of his service which abated when the petitioner died. Evidence on record produced by appellant-department is shaky and not confidence inspiring. While oral as well as documentary evidence of respondent- lady is confidence inspiring. Minor discrepancies from the mouth of illiterate lady can be ignored.
Further another department's witness Muhammad Zafar lqbal who appeared as RW in cross- examination, he also made evasive denial. In cross-examination, he replied: {{ URDU TEXT }} ' did not specifically denied Ali Sher was not an employee in the Punjab Seed Corporation- department as a Driver . Office Order issued on 20-5-1995 by Manager, Seed Farm of Punjab Seed Corporation, Sahiwal is on the file in which Ali Sher is assigned duty as a Driver on Tractor No,SLO- 10380. Further in additional evidence respondent-lady proved that Ali Sher was an employee in the department of PSC. In document marked No,I name of Ali Sher is present at serial No,2. In attendance register of Seed Farm (Mark-II) Sahiwal, name of Ali Sher is present at serial No,5.
Application submitted by Ali Sher for job is also on record as marked-4.
11. In the light of above discussion, the findings of the Commissioner Workman's Compensation Sahiwal on Issues Nos.1, 2 and 3 are hereby upheld. Further Ali Sher served the department beyond 9 months. He Joined department in 1992 as a driver. Subsequently, he filed grievance petition for regularization of his service after serving grievance notice to department. The receipt of grievance notice is admitted by department witness. In many cases, it is held if any employee appointed temporary or on Daily Wages basis served the department for more than nine months, he attains the status of permanent workman. Admittedly Ali Sher performed his duty as Driver which falls within the definition of workman and widow of Ali Sher rightly filed claim before the Commissioner Workman's Compensation Sahiwal and in the light of evidence on record learned Commissioner Workman's Compensation Sahiwal accepted the claim. The instant appeal filed by department- Punjab Seed Corporation is hereby dismissed with special costs of Rs,10,000 and judgment passed by Commissioner Workmen's Compensation Sahiwal is hereby upheld.