Mr. Asif Bashir Butt, Commissioner Workmen's Compensation (South Zone), Lahore, rendered an order, on 18-8-1996, the claim having been lodged before him a fortnight before on 4-8-1996, holding one Zubair Afzal entitled to receive the whole amount of Rs.3,88,502.96, having been deposited by the Sui Northern Gas Pipe Lines Ltd, Gulberg, Lahore, as dues payable in respect of late Ch. Muhammad Afzal (an employee of the establishment), who died on 6-2-1996, in the course of his employment. Zubair Afzal laid a claim to the entire amount, pleading that he was the only legal heir-dependent of the deceased: His plea was upheld by the Commissioner, and his claim endorsed, to the exclusion of all the three brothers and one sister of the deceased, namely Muhammad Ashraf, Muhammad Azad, Muhammad Ra77.aq and Matoor Begum, all alive. In the opinion of the 'Commissioner', they all were disentitled to get any share in the amount, being adult and independent, parents of the deceased both having already expired.
2. In the impugned order it is stated that a notice on 16-8-1996 was published for information of the members of the public-at-large, in daily 'Saadat', Lahore, but as no one appeared before him (the 'Commissioner'), as claimant, the entire amount was ordered to be paid to Zubair Afzal, vide order, dated 18-8-1996, passed just two days after the publication. It is also narrated that Zubair Afzal has made his statement and has also examined two more witnesses in support of his claim, made to the effect that he was the only legal heir as also dependent of the deceased, entitled to receive the amount of compensation in entirety, as he had been nominated in that behalf by late Muhammad Afzal, during his lifetime, being the only son. The lower Court has wholly believed the evidence of Zubair Afzal led to substantiate his claim, although there existed also a rival claim, Muhammad Ashraf having made a move on 24-6-1996, as is stated, additionally praying that the payment be stopped. Mr. Butt, however, did not allow and enable' him to establish parallel claim and did not even wait for the result of the move made before the learned Senior Civil Judge, Lahore, for issuance of succession certificate, which petition was then pending.
3. Zubair, beyond any manner of doubt had by misrepresentation and fraud made a claim for receipt of the amount of compensation in question and seemed to have produced fictious or forged documents, for which he was liable to prosecution. Instead of making judicial and objective adjudication, the 'Commissioner' out-rightly pampered and favoured Zubair Afzal, as the exclusive title-holder for getting the whole amount of compensation, although he is said to be having no near relationship with the deceased and to have never been nominated by Muhammad Afzal as his exclusive legal heir or the only eligible recipient of the amount of compensation. According to Ashraf, Zubair was fraudulently posing and criminally impersonating himself as the sole heir or nominee of late Muhammad Afzal. He was favoured through and through, and was even enable by the 'Commissioner' to receive the entire amount, as a cross cheque was ordered to be issued in his favour. The 'Commissioner;, without giving reasons, just rejected the request of Afzal deceased's brother, Ashraf, by merely observing that it had no merit. By all means, Mr. Asif Bashir Butt had been approached, if not bribed, by Zubair Afzal, both of whom are liable to be prosecuted for commission of this act of treachery, cheating, fabrication and fraud. As this manifest act dishonesty had been committed in the course of Court Proceeding, this Court is supposed to act as complainant in the case. Any other aggrieved member of the family may also do so. A copy of this judgment shall also be communicated to the worthy Secretary, Labour and Manpower, Government of the Punjab, Lahore, for initiation of disciplinary proceedings against the officer.
4. Mr. Asif Basheer Butt had been called upon to take appearance in person before this Tribunal and he attended the Court on 20-6-1997.
' Thereafter, however, he never appeared, despite direction, dated 20-6-1997 of this Court. Zubair Afzal made appearance on certain dates and then disappeared. His counsel continued stating, apparently against facts, that efforts for a patchup between the parties were afoot. Then it was stated that he had left for U.K. and would be returning to the homeland and making appearance in the Court. The commitment, however, has not materialized, and Mr. Asif Basheer Butt has also not re-appeared, nor submitted any report/explanation in regard to his conduct. . The impugned order cannot sustain judicial scrutiny and is set aside, bearing an incorrect and insane decision, on judicial as also factual plane. The matter is remanded to the Commissioner Workmen's Compensation, South Zone, 7-E Model Town, Lahore, for re-decision and apportionment of shares of the legal heirs of the deceased afresh, in accordance with the determination made by the competent Court, while disposing of the petition made for issuance of succession certificate. It had been stated by the law officer of the concern, on 23-9-1997 that to the credit of late Muhammad Afzal was also lying another cheque, to the tune of Rs.33,234.55, being the amount of bonus for the financial year 1995-96. That amount shall also, be disbursed to the legal heirs of the deceased, in accordance with law. The 'Commissioner' shall issue notices to the parties before proceeding further. Zubair Afzal is stated to be serving, at present, as store clerk in the State Life Insurance Office, situate on the Peshawar Road Rawalpindi. His presence in the Court shall also be procured, so that he is also heard before all-important exercise in question is undertaken objectively and realistically and determination of the dispute is made in a judicial manner, and at an early date. Presence of Zubair Afzal shall be ensured and he shall be ordained to refund the entire amount of compensation, so that it lies in deposit with the 'Commissioner', during pendency of the petitioner.