MUHAMMAD AMIN BROTHERS (PVT.) LTD. vs Syed RAHEEM S — 2025 PLC 186 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AMIN BROTHERS (PVT.) LTD. VS Syed RAHEEM S.O. 12---Permanent worker, definition of---Required circumstances---Deceased not completing required period of employment---Entitlement---On account of an accident in the mine three persons suffered one became disabled while two lost their lives---On representation filed on their behalf, the Commissioner Workmen's Compensation and Authority under Payment of Wages Act ('Authority') was pleased to allow the amount of insurance under the provisions of S.12 of Sindh Terms of Employment (Standing Orders) Act, 2015, ('the statute'), whereby group insurance amount was payable and in case insurance was not available the amount was to be paid by the employer---Petitioner / employer filed Constitutional petition being aggrieved of said order passed by the Authority---Whether in case of death would the restrictive period provided in the statute come in the way of treating him eligible or otherwise---Held: The registration of the deceased with the Employees Old Age Benefits Institution (E.O.B.I), though present on record, was apparently only for period for continuation of service---Admittedly, the deceased had not completed the requirement of period mentioned in statute---Undoubtedly, it is basic element of interpretation that words cannot be read into the statute---Apparently in the present matter the statute did not discuss the ultimate period to be met by a worker and as to whether the said period would go against him or in his favour as there was no restriction also---For the very purpose, perhaps, the statute was for normal employees, however, since it was a beneficial statute only in the case of the employees meeting death the same was liable to be so interpreted, as no one could say negatively or positively about the completion of the required period---Not only the Authority had referred to death as ultimate in its order but nothing to be otherwise presumed had been shown to the High Court---The beneficial interpretation of the subject statute was further supported by the fact that according to the said statute the minimum period was provided as a mandate and the parties were not restricted from entering into any agreement better than what had been provided in the statute---Constitution petition, filed by the employer , was dismissed accordingly.

MUHAMMAD AMIN BROTHERS (PVT.) LTD. vs Syed RAHEEM S — 2025 PLC 186 KARACHI-HIGH-COURT-SINDH

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