MUHAMMAD AYAZ KHAN vs FEROZ 1888 MILLS LIMITED S — 2022 PLC 188 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AYAZ KHAN VS FEROZ 1888 MILLS LIMITED S.5---Suit for compensation/damages---Abrupt termination from service---Mental torture, claim of---Plaintiff's application for claiming benefits/dues was allowed by the Commissioner Workmen Compensation and Authority ordering the defendant/company to deposit the amount with one time penalty---Defendant impugned the said order in the High Court by filing Constitutional petition which was dismissed---Defendant's leave to appeal was refused by the Supreme Court---Defendant filed application under S.12(2) of Civil Procedure Code, 1908, before the Authority and the Authority passed order as to recall its last order---Plaintiff impugned the said order by filing Constitutional petition, which was allowed by High Court---Defendant filed leave to appeal before Supreme Court which was dismissed---Plaintiff claimed that he was abruptly/unlawfully terminated from service that Commissioner Workmen Compensation and Authority directed the defendant to deposit sum of Rs.8,88,134/- to the plaintiff but it deliberately failed to make such payment within the stipulated period; that defendant dragged him in false/frivolous litigation owing to which he suffered continuously; and that he was entitled for claimed damages/compensation---Defendant contended that plaintiff had already been paid his dues along with compensation; that appeal was a statutory right of every citizen and one who felt aggrieved by an order / action of any court/authority would have all legal rights to challenge such order; that defendant chose to file appeal against the compensation as ordered by the Authority, therefore, it had not been paid to the plaintiff within time---Held, that person aggrieved could always seek damages for his wrongful dismissal/termination---Authority, after conducting its due proceedings, awarded Rs.4,44, 067/- to the plaintiff but also imposed one time penalty on the said amount due to wrongful termination thereof---None could be deprived from filing appeal against the order which the party would consider himself aggrieved---Plaintiff admitted in cross-examination that he failed to produce any certificate of medical practitioner certifying his contention to the effect that due to the act of the defendant/company, he suffered mental shock/agony/distress---Not a single document in form of medical prescriptions/certificates had been introduced on record by the plaintiff to support his contention, therefore, it could not be said that he had suffered any injury/mental shock/agony more particularly when he had already received the legal dues along with one time penalty imposed by the Wages Authority---Plaintiff had to have challenged the dictum of the Wages Authority before competent forum claiming 10 times penalty instead of one time which the plaintiff failed to do so---High Court dismissed the suit.

MUHAMMAD AYAZ KHAN vs FEROZ 1888 MILLS LIMITED S — 2022 PLC 188 KARACHI-HIGH-COURT-SINDH

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